All unused towers or parts thereof, or accessory
facilities and structures which have not been used for one year, shall
be dismantled and removed at the owner's expense. Prior to issuance
of a building permit for a wireless communications tower, the applicant
is required to post with the Town Treasurer-Collector a bond or other
form of financial security acceptable to the Town Treasurer-Collector
in an amount set by the Building Inspector. The amount shall be suitable
to cover demolition, removal and disposal of the tower and its accessories
in the event that the Building Inspector condemns the tower, parts
of the tower or any part of the tower's accessories or deems it unused
for more than one year. The Building Inspector shall give the tower's
owner 45 days' written notice by registered mail before demolition
commences. All demolition and removal costs will be billed to the
tower's owner, and any unpaid amounts will become an encumbrance on
the property.
After notice and public hearing in accordance with Section 9 of the Zoning Act (MGL c. 40A, § 9), the Planning Board may, after due consideration of the reports and recommendations of the Conservation Commission, Town Engineer and Building Inspector, grant such a special permit, provided that the conditions in this Article
XII and any special conditions placed by the Planning Board have been adequately met.
[Amended 5-8-2017 ATM
by Art. 28]
A. All requirements of §
145-69 of this chapter apply.
B. The Planning
Board may retain an engineer and/or other professional consultant
for guidance at the expense of the applicant.
C. The applicant
shall submit an operation and maintenance plan and shall annually
submit a report, starting 12 months from the date of receiving a certificate
of use or certificate of occupancy, demonstrating compliance to the
operation and maintenance plan. Any change to the operation and maintenance
plan must be approved by the Planning Board.
The Planning Board may periodically amend or
add rules and regulations relating to the procedures and administration
of this article.