[12-8-1997 STM; amended 12-1-2003 STM, Art. 3]
A.
Purpose and intent. It is the express purpose of this bylaw to minimize
the visual and environmental impacts of personal wireless service
facilities, consistent with the provisions of Sections 253 and 704
of the Federal Telecommunications Act of 1996. The bylaw enables the
review and approval of personal wireless service facilities by the
Town's Board of Appeals in keeping with existing bylaws and historic
development patterns. It sets standards which are intended to preserve
the safety, character, appearance, property values, natural resources
and historic sites of the Town; mitigate any adverse visual effects
through proper design, location and screening of structures; and to
encourage co-location of antennas where feasible in order to minimize
the total number of sites required.
B.
Scope. This article shall apply to all wireless telecommunications
antennas and towers and related equipment, fixtures and enclosures,
including any modifications to any of the preceding, but shall not
apply to fire, police, ambulance and other safety communications antennas,
amateur (ham) radio or citizens band radio antennas, or to non-transmitting
television antennas.
A.
Use regulations. A personal wireless service facility shall require
a building permit in all cases, and may be permitted as follows:
(1)
A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(2) below. Such installations shall not require a special permit but shall require site plan approval by the Board of Appeals.
(2)
A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a special permit. Such facilities may locate by special permit in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Subsection C and all of the special permit regulations set forth in § 201-23.3 of this bylaw.
(3)
A personal wireless service facility that exceeds the height restrictions of Subsection C(1) through (3) may be permitted by special permit in a designated Wireless Service Overlay District provided that the proposed facility complies with the height restrictions of Subsection C(4) and with all of the setback and special permit regulations set forth in Subsection C and § 201-23.3 of this bylaw.
B.
Location. Applicants seeking approval for personal wireless service
facilities shall comply with the following:
(1)
If feasible, personal wireless service facilities shall be located
on existing structures, including but not limited to buildings, water
towers, existing telecommunications facilities, utility poles and
towers and related facilities, provided that such installation preserves
the character and integrity of those structures. In particular, applicants
are urged to consider use of existing telephone and electric utility
structures as sites for one or more personal wireless service facilities.
The applicant shall have the burden of proving that there are no feasible
existing structures upon which to locate.
(2)
If the applicant demonstrates that it is not feasible to locate
on an existing structure, personal wireless service 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 to create
an effective year-round visual buffer.
(3)
The applicant shall submit documentation of the legal right
to install and use the proposed facility at the time of application
for a building and/or special permit.
C.
Dimensional requirements. Personal wireless facilities shall comply
with the following requirements:
(1)
Height, general. The height of a personal wireless service facility
shall not exceed by more than 10 feet the height limits of the zoning
district in which the facility is proposed to be located, unless the
facility is completely camouflaged or concealed such as within a steeple,
chimney or similar structure. Personal wireless service facilities
may locate on a building that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building height.
(2)
Height, existing structures. New antennas located on any of
the following structures existing on the effective date of this bylaw
shall be exempt from the height restrictions of this bylaw: water
towers, guyed towers, lattice towers, fire towers and monopoles, provided
that:
(a)
Location on existing water towers will be subject to approval
of the proposed attachment methods and maintenance procedures by the
Water Department and Board of Health; and
(b)
There is no increase in height of the existing structure as
a result of the installation of a personal wireless service facility.
(3)
Height, existing structure (utility). New antennas located on
any of the following existing structures shall be exempt from the
height restrictions of this bylaw provided that there is no more than
a twenty-foot increase in the height of the existing structure as
a result of the installation of a personal wireless service facility:
electric transmission and distribution towers, telephone poles and
similar existing utility structures. This exemption shall not apply
in historic districts, within 150 feet of the right-of-way of any
scenic roadway, or in designated scenic viewsheds.
(4)
Height, Wireless Facility Overlay District. Within the Wireless
Facility Overlay District (as designated on the Town Zoning Map),
personal wireless service facilities of up to 150 feet are permitted
by special permit. These taller structures shall be of non-guyed design
and shall comply with all setback and special permit regulations as
set forth in this bylaw.
(5)
Setbacks.
(a)
All personal wireless service facilities and their equipment
shelters shall comply with the building setback provisions of the
zoning district in which the facility is located. In addition, the
following setbacks shall be observed:
[1]
The minimum distance from the base of any ground-mounted personal
wireless service facility to any property line, public way, or habitable
dwelling shall be three times the height of the facility/mount, including
any antennas or other appurtenances.
[2]
In the event that an existing structure is proposed as a mount for a personal wireless service facility, the setback provisions of the underlying zoning district shall apply. In the case of preexisting nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities, except as provided in Subsection C(5)(b) below.
(b)
Flexibility. In reviewing a special permit application for a
personal wireless service facility, the Board of Appeals may reduce
the setback by as much as 2/3 of the required distance, if it finds
that a substantially better design will result from such reduction.
In making such a finding, the Board of Appeals shall consider both
the visual and safety impacts of the proposed use.
All personal wireless service facilities shall comply with the
performance standards set forth in this section.
A.
Design standards.
(1)
Visibility/camouflage. Personal wireless service facilities
shall be camouflaged as follows:
(a)
Camouflage by existing buildings or structures.
[1]
When a personal wireless service facility extends
above the roof height of a building on which it is mounted, every
reasonable effort shall be made to conceal the facility within or
behind existing architectural features to limit its visibility from
public ways. Facilities mounted on a roof shall be stepped back from
the front facade in order to limit their impact on the building's
silhouette.
[2]
Personal wireless service facilities which are
side mounted shall blend with the existing building's architecture
and, if over five square feet, shall be painted or shielded with material
which is consistent with the design features and materials of the
building.
(b)
Color.
[1]
Personal wireless service facilities which are
side-mounted on buildings shall be painted or constructed of materials
to match the color of the building material directly behind them.
[2]
To the extent that any personal wireless service
facilities extend above the height of the vegetation immediately surrounding
them, they shall be painted in a light gray or light blue hue that
blends with sky and clouds.
(2)
Equipment shelters. Equipment shelters for personal wireless
service facilities shall be designed consistent with one of the following
design standards:
(a)
Equipment shelters shall be located in underground vaults; or
(b)
Equipment shelters shall be designed to be consistent with the
architectural styles, materials and roof design typical of the district
in which the facility is located; or
(c)
Equipment shelters shall be camouflaged behind an effective
year-round landscape buffer and/or wooden fence, equal to the height
of the proposed building. The Board of Appeals shall determine the
style of fencing and/or landscape buffer that is compatible with the
neighborhood.
(3)
Lighting and signs.
(a)
Personal wireless facilities shall be lighted only if required
by the Federal Aviation Administration (FAA). Lighting of equipment
structures and any other facilities on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the property to be developed, and footcandle measurements
at the property line shall be 0.0 initial footcandle when measured
at grade.
(4)
Historic buildings and districts.
(a)
Any personal wireless service facilities located on or within
a historic structure shall not alter the character-defining features,
distinctive construction methods or original historic materials of
the building.
(b)
Any alteration made to a historic structure to accommodate a
personal wireless service facility shall be fully reversible.
(c)
Personal wireless service facilities within a historic district
shall be concealed within or behind existing architectural features,
or shall be located so that they are not visible from public roads
and viewing areas within the district.
(5)
Scenic landscapes and vistas.
(a)
Equipment shelters shall not be located within open areas that are visible from public roads or residential development. As required in Subsection A(2), all ground-mounted equipment shelters which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.
(b)
Any personal wireless service facility that is located within
300 feet of a scenic vista, scenic landscape or scenic road as designated
by the Town shall not exceed the height of vegetation at the proposed
location. If the facility is located farther than 300 feet from the
scenic vista, scenic landscape or scenic road, the height regulations
described elsewhere in this bylaw will apply.
B.
Environmental standards.
(1)
Personal wireless service facilities shall not be located in
wetlands. Locating of wireless facilities in wetland buffer areas
shall be avoided whenever possible and disturbance to wetland buffer
areas shall be minimized.
(2)
No hazardous waste shall be discharged on the site of any personal
wireless service facility. 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.
(3)
Stormwater runoff shall be contained on site.
(4)
Ground-mounted equipment for personal wireless service facilities
shall not generate noise in excess of 50 db at the property line.
(5)
Roof-mounted or side-mounted equipment for personal wireless
service facilities shall not generate noise in excess of 50 db at
ground level at the base of the building closest to the antenna.
C.
Safety standards.
(1)
Radiofrequency radiation (RFR) standards. All equipment proposed
for a personal wireless service facility shall be authorized per the
FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation.
(2)
All ground-mounted personal wireless service facilities shall
be surrounded by a security barrier.
A.
Special permit granting authority. The special permit granting authority
for personal wireless service facilities shall be the Board of Appeals.
B.
Site plan approval. Applications require approval of a site plan consistent with § 201-3.4, except that such approval is required in all districts.
C.
Application filing requirements. The following shall be included
with an application for a special permit for all personal wireless
service facilities:
(1)
General filing requirements.
(a)
Name, address and telephone number of applicants and any co-applicants,
as well as any agents for the applicants or co-applicants. Co-applicants
may include the landowner of the subject property, licensed carriers
and tenants for the personal wireless service facility. A licensed
carrier shall either be an applicant or a co-applicant.
(b)
Original signatures for the applicant and all co-applicants
applying for the special permit are required. If the applicant or
co-applicant will be represented by an agent, original signature authorizing
the agent to represent the applicant and/or co-applicant is required.
Photo reproductions of signatures will not be accepted.
(2)
Location filing requirements.
(a)
Identify the subject property by including the Town as well
as the name of the locality, name of nearest road or roads and street
address, if any.
(b)
Tax Map and parcel number of subject property.
(c)
Zoning district designation for the subject parcel. (Submit
copy of Town Zoning Map with parcel identified.)
(d)
A line map to scale showing the lot lines of the subject property
and the location of all buildings, including accessory structures,
on all properties shown within 300 feet of the proposed wireless facility.
(e)
The proposed locations of all existing and future personal wireless
service facilities in the Town on a Town-wide map for this carrier.
(3)
Siting filing requirements.
(a)
A one inch equals 40 feet vicinity plan showing the following:
[1]
Property lines for the subject property;
[2]
Property lines of all properties adjacent to the
subject property within 300 feet of the property line;
[3]
Tree cover on the subject property and adjacent
properties within 300 feet of the proposed wireless facility, by dominant
species and average height, as measured by or available from a verifiable
source;
[4]
Outline of all existing buildings, including purpose
(e.g. residential buildings, garages, accessory structures, etc.),
on subject property and all adjacent properties within 300 feet of
the proposed wireless facility;
[5]
Proposed location of antenna, mount and equipment
shelter(s);
[6]
Proposed security barrier, indicating type and
extent as well as point of controlled entry;
[7]
Location of all roads, public and private, on the
subject property and on all adjacent properties within 300 feet of
the proposed wireless facility, including driveways proposed to serve
the personal wireless service facility;
[8]
Distances, at grade, from the proposed personal
wireless service facility to each building on the vicinity plan;
[9]
Contours at each two feet AMSL for the subject
property and adjacent properties within 300 feet of the property line;
[10]
All proposed changes to the existing property,
including grading, vegetation removal and temporary or permanent roads
and driveways;
[11]
Representations, dimensioned and to scale, of
the proposed mount, antennas, equipment shelters, cable runs, parking
areas and any other construction or development attendant to the personal
wireless service facility; and
[12]
Lines representing the sight line showing viewpoint
(point from which view is taken) and visible point (point being viewed
from "sight lines" subsection below).
(b)
Sight lines and photographs as described below:
[1]
Sight line representation. A sight line representation
shall be drawn from any public road within 300 feet and the closest
facade of each residential building (viewpoint) within 300 feet, to
the highest point (visible point) of the personal wireless service
facility. Each sight line shall be depicted in profile, drawn at one
inch equals 40 feet. The profiles shall show all intervening trees
and buildings. In the event there is only one residential building
within 300 feet, there shall be at least two sight lines from the
closest habitable structures or public roads, if any.
[2]
Existing (before condition) photographs. Each sight
line shall be illustrated by one four-inch by six-inch color photograph
of what can currently be seen from any public road within 300 feet
of the proposed wireless facility.
[3]
Proposed (after condition) photographs. Each of
the existing condition photographs shall have the proposed personal
wireless service facility superimposed on it to show what will be
seen from public roads if the proposed personal wireless service facility
is built.
(c)
Siting elevations, or views at grade from the north, south,
east and west for a fifty-foot radius around the proposed personal
wireless service facility plus from all existing public and private
roads that serve the subject property. Elevations shall be at either
1/4 inch equals one foot or 1/8 inch equals one foot scale and show
the following:
[Amended 5-6-2019 ATM,
Art. 30]
[1]
Antennas, mounts and equipment shelter(s), with
total elevation dimensions and AGL of the highest point.
[2]
Security barrier. If the security barrier will
block views of the personal wireless service facility, the barrier
drawing shall be cut away to show the view behind the barrier.
[3]
Any and all structures on the subject property.
[4]
Existing trees and shrubs at current height and
proposed trees and shrubs at proposed height at time of installation,
with approximate elevations dimensioned.
[5]
Grade changes, or cuts and fills, to be shown as
original grade and new grade line, with two-foot contours above mean
sea level.
(4)
Design filing requirements.
(a)
Equipment brochures for the proposed personal wireless service
facility such as manufacturer's specifications or trade journal reprints
shall be provided for the antennas, mounts, equipment shelters, cables
as well as runs and security barrier, if any.
(b)
Materials of the proposed personal wireless service facility
specified by generic type and specific treatment (e.g., anodized aluminum,
stained wood, painted fiberglass, etc.). These shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable
runs and security barrier, if any.
(c)
Colors of the proposed personal wireless service facility represented
by a color board showing actual colors proposed. Colors shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs and security barrier, if any.
(d)
Dimensions of the personal wireless service facility specified
for all three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters and security
barrier, if any.
(e)
Appearance shown by at least two photographic superimpositions
of the personal wireless service facility within the subject property.
The photographic superimpositions shall be provided for the antennas,
mounts, equipment shelters, cables, as well as cable runs and security
barrier, if any, for the total height, width and breadth.
(f)
Landscape plan including existing trees and shrubs and those
proposed to be added, identified by size of specimen at installation
and species.
(g)
Within 30 days of the pre-application conference, or within
21 days of filing an application for a special permit, the applicant
shall arrange for a balloon or crane test at the proposed site to
illustrate the height of the proposed facility. The date, time and
location of such test shall be advertised in a newspaper of general
circulation in the Town at least 14 days, but not more than 21 days,
prior to the test.
(h)
If lighting of the site is proposed, the applicant shall submit
a manufacturer's computer-generated point-to-point printout, indicating
the horizontal footcandle levels at grade, within the property to
be developed and 25 feet beyond the property lines. The printout shall
indicate the locations and types of luminaire proposed.
(5)
Noise filing requirements.
(a)
The applicant shall provide a statement listing the existing
and maximum future projected measurements of noise from the proposed
personal wireless service facilities, measured in decibel Ldn (logarithmic
scale, accounting for greater sensitivity at night), for the following:
(b)
Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the
noise standards of this bylaw.
(6)
Radiofrequency radiation (RFR) filing requirements.
(a)
The applicant shall provide a statement listing the existing
and maximum future projected measurements of RFR from the proposed
personal wireless service facility, for the following situations:
(b)
Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC guidelines as specified in § 201-23.3C(1).
(7)
Federal environmental filing requirements.
(a)
The National Environmental Policy Act (NEPA) applies to all
applications for personal wireless service facilities. NEPA is administered
by the FCC via procedures adopted as Subpart 1, Section 1.1301 et
seq. (47 CFR Ch. I). The FCC requires that an environmental assessment
(EA) be filed with the FCC prior to beginning operations for any personal
wireless service facility proposed in or involving any of the following:
(b)
At the time of application filing, an EA that meets FCC requirements
shall be submitted to the Town for each personal wireless service
facility site that requires such an EA to be submitted to the FCC.
(c)
The applicant shall list location, type and amount (including
trace elements) of any materials proposed for use within the personal
wireless service facility that are considered hazardous by the federal,
state or local government.
D.
The
Board of Appeals may waive one or more of the application filing requirements
of this section if it finds that such information is not needed for
a thorough review of a proposed personal wireless service facility.
A.
Licensed carriers shall share personal wireless service facilities
and sites where feasible and appropriate, thereby reducing the number
of personal wireless service facilities that are stand-alone facilities.
All applicants for a special permit for a personal wireless service
facility shall demonstrate a good faith effort to co-locate with other
carriers. Such good faith effort includes:
(1)
A survey of all existing structures that may be feasible sites
for co-locating personal wireless service facilities;
(2)
Contact with all the other licensed carriers for commercial
mobile radio services operating in the Town; and
(3)
Providing information necessary to determine if co-location
is feasible under the design configuration most accommodating to co-location.
B.
In the event that co-location is found to be not feasible, a written
statement of the reasons for the unfeasibility shall be submitted
to the Town. The Town may retain a technical expert in the field of
RF engineering to verify if co-location at the site is not feasible
or is feasible given the design configuration most accommodating to
co-location. The cost for such a technical expert will be at the expense
of the applicant. The Town may deny a special permit to an applicant
that has not demonstrated a good faith effort to provide for co-location.
C.
If the applicant does not intend to co-locate or to permit co-location,
the Town shall request drawings and studies which show the ultimate
appearance and operation of the personal wireless service facility
at full build-out.
D.
If the Board of Appeals approves co-location for a personal wireless
service facility site, the special permit shall indicate how many
facilities of what type shall be permitted on that site. Facilities
specified in the special permit approval shall require no further
zoning approval. However, the addition of any facilities not specified
in the approved special permit shall require a new special permit.
E.
Estimates of RFR emissions will be required for all facilities, including
proposed and future facilities.
A modification of a personal wireless service facility may be
considered equivalent to an application for a new personal wireless
service facility and require a special permit when the following events
apply:
A.
The applicant and/or co-applicant wants to alter the terms of the
special permit by changing the personal wireless service facility
in one or more of the following ways:
B.
The applicant and/or co-applicant wants to add any equipment or additional
height not specified in the original design filing.
A.
Within 90 days of the beginning of operations, and annually thereafter, the applicant shall submit measurements of RFR from the personal wireless service facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in § 201-23.3C(1).
B.
The applicant and co-applicants shall maintain the personal wireless
service facility in good condition. Such maintenance shall include,
but shall not be limited to, painting, structural integrity of the
mount and security barrier and maintenance of the buffer area and
landscaping.
A.
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier will
notify the Town by certified United States 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. In the event that a licensed carrier fails to give
such notice, the personal wireless service facility shall be considered
abandoned upon such discontinuation of operations.
B.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the personal wireless service facility within 90 days from
the date of abandonment or discontinuation of use. "Physically remove"
shall include, but not be limited to:
(1)
Removal of antennas, mounts and equipment shelters and security
barriers from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
C.
If a carrier fails to remove a personal wireless service facility
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 Board of Appeals may require the applicant to post
a bond at the time of construction to cover costs for the removal
of the personal wireless facility in the event the Town must remove
the facility.
Guyed towers, lattice towers, utility towers and monopoles in
existence at the time of adoption of this bylaw may be reconstructed,
altered, extended or replaced on the same site by special permit,
provided that the Board of Appeals finds that such reconstruction,
alteration, extension or replacement will not be substantially more
detrimental to the neighborhood and/or the Town than the existing
structure. In making such a determination, the Board of Appeals shall
consider whether the proposed reconstruction, alteration, extension
or replacement will create public benefits such as opportunities for
co-location, improvements in public safety and/or reduction in visual
and environmental impacts. No reconstruction, alteration, extension
or replacement shall exceed the height of the existing facility by
more than 20 feet.
A special permit issued for any personal wireless service facility
over 50 feet in height shall be valid for 20 years. At the end of
that time period, the personal wireless service facility shall be
removed by the carrier or a new special permit shall be required.
For definitions pertinent to personal wireless service facilities see § 201-1.2.
