A.
It is the express purpose of this bylaw to minimize the visual and
environmental impacts, as well as any potential deleterious impact
on property value, of wireless service facilities upon properties
located within the Town or adjacent thereto. No wireless service facility
shall be placed, constructed or modified within the Town without first
obtaining site plan approval from the special permit granting authority
(SPGA). The Planning Board shall be the special permit granting authority
for the issuance of a special permit to allow the placement, construction
and modification of wireless service facilities within the Town. This
bylaw is intended to be used in conjunction with other regulations
adopted by the Town, and other zoning and general bylaws designed
to encourage appropriate land use, environmental protection, preservation
of the rural character and the provision of adequate infrastructure
development in North Andover.
B.
The regulation of wireless service facilities is consistent with
the purpose of the North Andover Zoning Bylaw and planning efforts
at the local government level to further the conservation and preservation
of developed, natural and undeveloped areas, wildlife, flora and habitats
for endangered species, protection of the natural resources of North
Andover, enhancement of open space areas and respect for North Andover's
rural character.
As used in this Part 8, the following terms shall have the meanings
indicated:
A measurement of height from the natural grade of a site
to the highest point of the structure.
A uniform point from which height above sea level (or zero
elevation) can be measured.
The surface from which wireless radio signals are sent and
received by a wireless service facility.
A wireless service facility that is disguised, hidden, part
of an existing or proposed structure or placed within a preexisting
or proposed structure is considered to be "camouflaged."
A company that provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical co-location) and/or several mounts on a preexisting
building by more than one carrier.
A low mount that has three panels flush mounted or attached
very close to the shaft.
The measurement of height above mean sea level.
The document required by the Federal Communications Commission
(FCC) and the National Environmental Policy Act (NEPA) when a wireless
service facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging.
Ground positioning system by satellite location of antennas.
A lattice tower that is tied to the ground or other surface
by diagonal cables.
A type of mount that is self-supporting with multiple legs
and cross bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio service system.
A type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A thin rod that beams and receives a signal in all directions.
A flat-surface antenna usually developed in multiples.
Broadband radiowave systems that operate at a radio frequency
in the 1850 to 1900 megahertz range.
An engineer specializing in electric or microwave engineering,
especially the study of radio frequencies.
The emissions from wireless service facilities as defined
in the FCC Guidelines for Evaluating the 65 Environmental Effects
of Radiofrequency Radiation (FCC Guidelines) or any other applicable
FCC guidelines and regulations.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distances between one array of antennas and another array.
A system of wires or conductors and supporting structures
that functions in the transmission of electrical energy or communication
services (both audio and video) between generating stations, substations,
and transmission lines or other utility services.
Facilities used for the principal purpose of commercial or
public wireless communications uses, such as cellular telephone services,
enhanced specialized mobile radio services, microwave communications,
wireless communications services, paging services and the like, as
defined in Section 704 of the Federal Telecommunications Act of 1996,
as amended. Such facilities shall include towers, antennas, antenna
support structures, panels, dishes and accessory structures.
The three types of services regulated by this bylaw: commercial
mobile radio services, unlicensed wireless services, and common-carrier
wireless exchange access services.
A.
Use regulations. A wireless service facility shall require a building
permit in all cases and may be permitted as follows:
(1)
The carrier must demonstrate that the facility is necessary
in order to provide adequate service to the public.
(2)
A wireless service facility may locate as of right on any existing
guyed tower, lattice tower, monopole or electric utility transmission
tower for which a special permit issued under this Part 8 is in effect,
provided that the new facility shall first obtain site plan review
approval from the Planning Board, and provided further that any new
facility shall not exceed the terms and conditions of the special
permit in effect for the existing facility on which it is to be located.
(3)
No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with § 195-10.7 of this bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this bylaw.
B.
Location. Applicants seeking approval for wireless service facilities
shall comply with the following:
(1)
If feasible, wireless service facilities shall be located on
preexisting structures, including but not limited to buildings or
structures, preexisting 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 preexisting telephone and
electric utility structures as sites for one or more wireless service
facilities. The applicant shall have the burden of proving that there
are no feasible preexisting structures upon which to locate.
(2)
If the applicant demonstrates to the satisfaction of the SPGA
(special permit granting authority) that it is not feasible to locate
on a preexisting structure, wireless service facilities shall be camouflaged
to the greatest extent possible, including, but not limited to: use
of compatible building materials and colors, screening, landscaping,
with natural and/or artificial plantings (as indicated through site
plan review), and placement within trees.
(3)
The applicant shall submit documentation of the legal right
to install and use the proposed facility mount at the time of application
for a building permit and/or special permit.
C.
Dimensional requirements. Wireless service facilities shall comply
with the following requirements:
(1)
Height, general. Regardless of the type of mount, wireless service
facilities shall be no higher than 10 feet above the average height
of buildings within 300 feet of the proposed facility. In addition,
the height of a wireless service facility shall not exceed by more
than 10 feet the height limitations of the zoning district in which
the facility is proposed to be located, unless the facility is completely
camouflaged, such as within a flagpole, steeple, chimney, or similar
structure. 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, ground-mounted facilities. Ground-mounted wireless service
facilities shall not project higher than 10 feet above the average
building height or, if there are no buildings within 300 feet, these
facilities shall not project higher than 10 feet above the average
tree canopy height, measured from ground level (AGL). If there are
no buildings within 300 feet of the proposed site of the facility,
all ground-mounted wireless service facilities shall be surrounded
by dense tree growth to screen views of the facility in all directions.
These trees may exist or may be planted on site.
(3)
Height, side- and roof-mounted facilities. Side- and roof-mounted
wireless service facilities shall not project more than 10 feet above
the height of an existing building or structure nor project more than
10 feet above the height limit of the zoning district within which
the facility is located. 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.
(4)
Height, preexisting structures (utility). 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, provided that there is no increase in height of the existing
structure as a result of the installation of a wireless service facility:
water towers, guyed towers, lattice towers, fire towers and monopoles.
(5)
Setbacks. All 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:
(a)
In order to ensure public safety, the minimum distance from
the base of any ground-mounted wireless service facility to any property
line, shall be two times the height of the facility/mount, including
any antennas or other appurtenances. This setback is considered the
"fall zone." A minimum setback of 600 feet shall be required for all
wireless devices, antennas and their mounting structures, whether
attached to a new or existing structure, as measured from the adjacent
property line of properties which are either zoned for, or contain,
residential and/or educational uses of any types.
(b)
In the event that a preexisting structure is proposed as a mount
for a wireless service facility, the setback provisions of the zoning
district shall apply. In the case of the preexisting nonconforming
structures, wireless service facilities and their equipment shelters
shall not increase any nonconformity.
A.
Visibility/Camouflage. Wireless service facilities shall be camouflaged
as follows:
(1)
Camouflage by existing buildings or structures.
(a)
When a wireless service facility extends above the roof height
of a building on which it is mounted, every effort shall be made to
conceal the facility within or behind preexisting 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.
(b)
Wireless service facilities which are side-mounted shall blend
with the preexisting building's architecture and, if over five square
feet, shall be shielded with material which is consistent with the
design features and materials of the building.
(2)
Camouflage by vegetation. If wireless service facilities are
not camouflaged from public viewing areas by existing buildings or
structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted wireless service facilities
shall provide a year-round vertical evergreen vegetated buffer of
50 feet, or 75% of the overall height of the structure, in all directions.
Trees and vegetation may be existing on the subject property or installed
as part of the proposed facility or a combination of both. Vegetation
should be natural in appearance and consistent with surroundings.
(3)
Color.
(a)
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.
(b)
To the extent that any wireless service facilities extend above
the height of the vegetation immediately surrounding them, they must
be painted in a light gray or light blue hue which blends with sky
and clouds.
(4)
Equipment shelters. Equipment shelters for wireless service
facilities shall be designed consistent with one of the following
design standards:
(a)
Must be located in underground vaults; or
(b)
Designed consistent with traditional materials, color and design
of the area; or
(c)
Camouflaged behind an effective year-round landscape buffer,
equal to the height of the proposed building, and/or wooden fence
acceptable to the permitting authority.
B.
Lighting and signage.
(1)
Wireless service facilities shall be lit 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 parcel to be developed, and footcandle measurements at the property
line shall be 0.0 initial footcandle when measured at grade.
(2)
Signs shall be limited to those needed to identify the property
and the owner and warn of any danger. No tower or other facility shall
contain any signs or other devices for the purpose of advertisement.
All signs shall comply with the requirements of Article 6, Signs and
Sign Lighting Regulations, of this bylaw.
(3)
All ground-mounted wireless service facilities shall be surrounded
by a security barrier and shall be protected against unauthorized
climbing or other access by the public.
C.
Historic buildings.
(1)
Any wireless service facilities located on or within an historic
structure shall not alter the character-defining features, distinctive
construction methods, or original historic materials of the building.
(2)
Any alteration made to an historic structure to accommodate
a wireless service facility shall be fully reversible.
(3)
Wireless service facilities within an 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.
(4)
The Historic District Commission must review all appropriate
facilities.
D.
Scenic landscapes and vistas.
(1)
No facility shall be located within 300 feet of a scenic road.
If the facility is located farther than 300 feet from the scenic road,
the height regulations described elsewhere in this bylaw shall apply.
(2)
Wireless service facilities shall not be located within open
areas that are visible from public roads, recreational areas or residential
development. As required in the "camouflage" subsection above, all
ground-mounted wireless service facilities that are not camouflaged
by existing buildings or structures shall be surrounded by a buffer
of dense tree growth.
E.
Environmental standards.
(1)
Wireless services facilities shall not be located in wetland
resource areas. Locating of wireless facilities in wetland buffer
areas shall be avoided whenever possible and disturbance to wetland
buffer areas shall be minimized. All Conservation Commission regulations
and procedures must be followed.
(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 site. The applicant must comply with all federal,
state and local regulations governing hazardous materials.
(3)
Stormwater run-off as a result of the wireless facility shall
be contained on-site and comply with the DEP stormwater management
regulations as applicable.
(4)
Ground-mounted equipment for wireless service facilities shall
not generate acoustic noise in excess of 50 dB at the security barrier.
(5)
Roof-mounted or side-mounted equipment for 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.
F.
Safety standards.
(1)
Radiofrequency radiation (RFR) standards. All equipment proposed
for a wireless service facility shall be authorized per the FCC Guidelines
for Evaluating the Environmental Effects of Radiofrequency Radiation
(FCC Guidelines) or any other applicable FCC guidelines and regulations.
(2)
Structural integrity. The applicant shall provide certification
by a structural engineer that the wireless service facility is structurally
sound for the proposed facility.
A.
Special permit granting authority (SPGA). The special permit granting
authority (SPGA) for wireless service facilities shall be the Planning
Board.
B.
Pre-application conference. Prior to the submission of an application
for a special permit under this regulation, the applicant is strongly
encouraged to meet with the SPGA at a public meeting to discuss the
proposed wireless service facility in general terms and to clarify
the filing requirements.
C.
Pre-application conference filing requirements. The purpose of the
conference is to inform the SPGA as to the preliminary nature of the
proposed wireless service facility. As such, no formal filings are
required for the pre-application conference. However, the applicant
is encouraged to prepare sufficient preliminary architectural and/or
engineering drawings to inform the SPGA of the location of the proposed
facility, as well as its scale and overall design.
D.
Application filing requirements. The following shall be included
with an application for a special permit for all wireless service
facilities:
(1)
General filing requirements:
(a)
Name, address and telephone number of applicant and any co-applicants
as well as any agents for the applicant or co-applicants. A twenty-four-hour
emergency telephone contact number shall be included for use during
construction as well as operation of the wireless communication facility.
(b)
Co-applicants may include the landowner of the subject property,
licensed carriers and tenants for the wireless service facility.
(c)
Every application for a wireless service facility special permit
shall include at least one licensed carrier and the owner of the land
as an applicant or a co-applicant.
(d)
Original signatures are required for the applicant and all co-applicants
applying for the special permit. If an agent represents the applicant
or co-applicant, an original signature authorizing the agent to represent
the applicant and/or co-applicant is required. Photo reproductions
of signatures will not be accepted. All other filing requirements
in the Zoning Bylaw and the rules and regulations, as applicable,
must be complied with.
(e)
Parties in interest for the purposes of Part 8, Wireless Service Facilities, shall include, in addition to those entities listed in MGL c. 40A, § 11, abutters to the abutters within 500 feet of the property line of the petitioner as they appear on the most recent applicable tax list. The Assessor's maintaining any applicable tax list shall certify to the special permit granting authority the names and addresses of the abutters and such certification shall be conclusive for all purposes.
[Added 5-15-2018 ATM by Art. 28]
(2)
Location filing requirements:
(a)
Identify the subject property by including the name of the nearest
road or roads, street address, and Assessor's map and parcel number
of the subject property.
(b)
Identify the zoning district designation for the subject parcel;
submit a copy of the Town Zoning Map with the parcel identified.
(c)
A locus map at a scale of one inch equals 1,500 feet showing
the subject property and all properties within 300 feet and the location
of all buildings, including accessory structures, on all properties
shown.
(d)
A map showing the other preexisting and approved wireless service
facilities in North Andover and outside North Andover within one mile
of its boundary.
(e)
GPS or equivalent system locating by latitude and longitude
wireless service facilities.
(3)
Siting filing requirements: a one inch equals 40 feet plan prepared
by a registered professional engineer in the Commonwealth of Massachusetts
showing the following:
(a)
Property lines for the subject property.
(b)
Property lines of all properties within 300 feet of the proposed
location.
(c)
Tree cover on the subject property and all properties directly
abutting the subject property, by dominant species and average height.
(d)
Outline of all existing buildings, including purpose (e.g.,
residential buildings, garages, accessory structures, etc.) on the
subject property and all properties adjacent to the subject property.
(e)
Proposed location of antenna, mount and equipment shelter(s).
(f)
Proposed security barrier, indicating type and extent as well
as point of controlled entry.
(g)
Location of all roads, public and private, on the subject property
and on all adjacent properties within 300 feet, including driveways
proposed to serve the wireless service facility.
(h)
Distances, at grade, from the proposed wireless service facility
to each building on the vicinity plan.
(i)
Contours at each two feet AMSL for the subject property and
adjacent properties within 300 feet.
(j)
All proposed changes to the preexisting property, including
grading, vegetation removal and temporary or permanent roads and driveways.
(k)
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 wireless service facility.
(l)
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "sight lines" Subsection D(4) below.
(m)
Location of all wetlands on the subject property and within
100 feet of the proposed facility as approved by the Conservation
Commission.
(4)
Sight lines and photographs as described below:
(a)
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 wireless service facility. Each sight
line shall be depicted in profile, drawn at one inch equals 40 feet
scale. The profiles shall show all intervening trees and buildings.
In the event there is only one (or more) residential building within
300 feet, there shall be at least two sight lines from the closest
habitable structures or public roads, if any.
(b)
Preexisting ("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 and any residential
building within 300 feet.
(c)
Proposed ("after" condition) photographs. Each of the preexisting
condition photographs shall have the proposed wireless service facility
superimposed on it to show what will be seen from public roads and
residential buildings if the proposed wireless service facility is
built.
(d)
Siting elevations or views at-grade from the north, south, east
and west for a fifty-foot radius around the proposed wireless service
facility plus from all preexisting 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:
[1]
Antennas, mounts and equipment shelter(s), with
total elevation dimensions and average ground level (AGL) of the highest
point. All future proposed antennas, mounts and equipment shelters,
if any, must be shown in order to be included in the special permit.
[2]
Security barrier. If the security barrier will
block views of the 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]
Preexisting 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 AMSL.
(5)
Design filing requirements.
(a)
Equipment brochures for the proposed 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 cable runs, and security barrier, if any.
(b)
Materials of the proposed wireless service facility specified
by generic type and specific treatment (e.g., anodized aluminum, stained
wood, painted fiberglass, alloys, 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 wireless service facility represented
by a color board showing actual colors proposed. Colors shall be provided
for the antenna mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
(d)
Dimensions of the 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 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 preexisting trees and shrubs and those
proposed to be added, identified by size of specimen at installation
and species.
(g)
During the public hearing process, the applicant shall schedule
with the Planning Board a balloon or crane test at the proposed site,
at the expense of the applicant, to illustrate the height of the proposed
facility.
(h)
If lighting on the site is required by the FAA, 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 property lines. The printout shall
indicate the locations and types of luminaries proposed.
(6)
Noise filing requirements.
(a)
The applicant shall provide a statement listing the preexisting
and maximum future projected measurements of noise from the proposed
wireless service facilities, measured in decibels Ldn (common logarithmic
scale, accounting for greater sensitivity at night), for the following:
(7)
Radiofrequency radiation (RFR) filing requirements.
(a)
All telecommunications facilities shall be operated only at
Federal Communications Commission (FCC) designated frequencies, power
levels and standards, including FCC radiofrequency emissions standards.
The applicant shall provide certification demonstrating that the maximum
allowable frequencies, power levels will not be exceeded. Certifications
shall include technical specifications, a written explanation of those
specifications, and, if necessary, field verification. The permit
granting authority may condition any special permit granted under
this section upon a periodic submittal of certification of compliance
with said standards.
(b)
In order to determine compliance with applicable FCC regulations,
the applicant shall provide a statement listing the preexisting and
maximum future projected measurements of RFR from the proposed wireless
service facility, including all co-locators, for the following situations:
[1]
Preexistent or ambient: the measurement of preexisting
RFR.
[2]
Preexistent plus proposed wireless service facilities:
maximum estimate of RFR from the proposed wireless service facility
plus the preexisting RFR environment.
[3]
Certification, signed by an engineer, stating that
RFR measurements are accurate and meet FCC guidelines as specified
in the radiofrequency radiation standards subsection of this bylaw.
(c)
The applicant must submit a copy of the letter from the Massachusetts
Department of Public Health approving the site for this facility as
required by 105 CMR 122.000, which requires that the Department of
Public Health approve all sites for wireless facilities with respect
to emissions.
(8)
Federal environmental filing requirements.
(a)
At the time of application filing, an environmental assessment
(EA) that meets FCC requirements shall be submitted to the Town for
each wireless service facility site that requires such an EA to be
submitted to the FCC.
(b)
The applicant shall list location, type and amount (including
radiation trace elements) of any materials proposed for use within
the wireless service facility that are considered hazardous by the
federal, state or local government.
(9)
Waiver. The SPGA 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 wireless service facilities and sites
where feasible and appropriate, thereby reducing the number of wireless
service facilities that are standalone facilities. All applicants
for a special permit for a 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 preexisting structures that may be feasible
sites for co-locating wireless service facilities;
(2)
Contact with all other licensed carriers for commercial mobile
radio services operating in the Commonwealth of Massachusetts; and
(3)
Sharing information necessary to determine if co-location is
feasible under the design configuration most accommodating to co-location.
B.
An applicant shall demonstrate to the Planning Board that it has
made a good faith effort to co-locate its facility upon an existing
facility. The Town may retain a technical expert in the field of RF
engineering and/or a structural engineer 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 who has not demonstrated a good faith effort
to provide for co-location.
C.
If the applicant does intend to co-locate or to permit co-location,
the Town shall request drawings and studies that show the final appearance
and operation of the wireless service facility at full build-out.
D.
If the SPGA approves co-location for a wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to § 195-8.43 regulations, 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. This allows a carrier to "pre-permit" a site for additional facilities so that the carrier will not have to apply for another special permit later.
E.
In order to determine compliance with all applicable FCC regulations,
estimates of RFR emissions will be required for all facilities, including
proposed and future facilities both for the applicant and all co-locators.
A modification of a wireless service facility may be considered
equivalent to an application for a new wireless service facility and
will require a special permit when the following events apply:
A.
The applicant and/or co-applicant want to add any equipment or additional
height not specified in the original design filing.
A.
After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the special permit, preexisting and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC guidelines as specified in § 195-8.45D(7), RFR filing requirements, of this bylaw. The measurements shall be submitted for both the applicant and all co-locators.
B.
After the wireless service facility is in operation, the applicant shall submit to the SPGA, within 90 days of the issuance of the special permit, and at annual intervals from the date of issuance of the special permit, preexisting and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards in § 195-8.44E(4) and (5) of this bylaw.
C.
The applicant and co-applicant or their successor in interest shall
maintain the 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 and
landscaping.
A.
At such time that a licensed carrier plans to abandon or discontinue
operation of a 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
wireless service facility shall be considered abandoned upon discontinuation
of operations.
B.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the 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, mount, 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 wireless service facility to its
natural condition, except that any landscaping and grading shall remain
in the "after" condition.
C.
As a condition of any special permit for the placement, construction
or modification of a wireless service facility, a carrier shall place
into escrow a sum of money to cover the costs of removing the facility
from the subject property. Said amount shall be certified by an engineer,
architect or other qualified professional registered to practice in
the Commonwealth of Massachusetts. Said funds shall be held by an
independent escrow agent to be appointed by the carrier and the SPGA.
The carrier shall authorize and, as necessary, shall obtain the authorization
of the owner of the property to allow the escrow agent to enter upon
the subject property to remove the facility when the facility has
been abandoned or discontinued. In the event the posted amount does
not cover the cost of demolition and/or removal, the Town may place
a lien upon the property covering the difference in cost.
D.
A facility shall be deemed to be abandoned or discontinued if it
has not been used for the purpose for which it was originally constructed
for a period of six months or more. Once abandonment or discontinuance
has occurred, the carrier shall remove the facility from the subject
property within 90 days. In the event that the carrier fails to remove
the facility, the Town shall give notice to the carrier and the independent
escrow agent that the facility shall be removed by the escrow agent
forthwith and the escrow agent, after affording written notice seven
days in advance to the carrier, shall remove the facility.
Guyed towers, lattice towers, utility towers and monopoles in
existence at the time of adoption of this Part 8 may be reconstructed,
altered, extended or replaced on the same site by special permit,
provided that the SPGA finds that such reconstruction, alteration,
extension or replacement will not be substantially more detrimental
to the neighborhood and/or the Town than the preexisting nonconforming
structure. In making such a determination, the SPGA 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.
A.
Insurance in a reasonable amount determined and approved by the SPGA
after consultation, at the expense of the applicant, with one or more
insurance companies shall be in force to cover damage from the structure,
damage from transmissions and other site liabilities. Annual proof
of said insurance must be filed with the SPGA.
B.
Funds, sufficient in the opinion of the SPGA to cover annual maintenance
of the facility, shall be placed into escrow and shall be held by
the independent escrow agent, who shall be authorized to expend the
funds for the maintenance of the facility on terms to be agreed upon
by the carrier and the SPGA as a condition of approval of the special
permit.
C.
Annual certification demonstrating continuing compliance with the
standards of the Federal Communications Commission, Federal Aviation
Administration and the American National Standards Institute shall
be filed with the SPGA by the special permit holder.
A special permit issued for any wireless service facility shall be valid for three years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in § 195-10.7 of this Zoning Bylaw.
Wireless service facilities necessary to provide and ensure
adequate Town-wide coverage for public safety communications, to include
police, fire, ambulance, emergency medical services, and emergency
management, shall be exempt from the provisions of this bylaw. Commercial
or private wireless service facilities, unless they are under contract
with the Town of North Andover to provide public safety communications,
shall not co-locate on or utilize a municipal emergency wireless service
facility and shall not be exempt under this section. Further, if said
municipal emergency wireless service facility is to be located on
private property, the Town must obtain the permission of the landowner.
