[1]
Editor's Note: The title of this article was changed from
"Wireless Communications Facilities" 6-21-2022.
A.
The purposes of these regulations are to minimize adverse impacts
of wireless communications facilities, satellite dishes and antennas
to the community's neighborhoods and traveled ways; minimize the overall
number and/or height of such facilities to provide mandated coverage
pursuant to the Telecommunications Act; and promote the integration
of such facilities with existing buildings and the shared use of existing
facilities to reduce the need for new individual towers to maintain
existing neighborhood and community characteristics.
B.
To further these purposes, two overlay districts are established
as follows:
(1)
Commercial Communications Overlay District to provide opportunity
for wireless communications facilities of a height and design consistent
with neighboring multi-storied and densely developed commercial uses
and to provide collocation opportunities; and
(2)
Residential Communications Overlay District to provide opportunity
for wireless communications facilities of a height and design consistent
with existing neighborhood structures and recreational and municipal
uses.
A.
No wireless communications facility shall be erected or installed
except in compliance with the provisions of this article of the ordinance.
B.
The requirements of this article shall apply to all wireless communications
facilities, except where federal or state law or regulations exempt
certain users or uses from all or portions of the provisions of this
article.
C.
For the purposes of administering the permitting process for this
article of the zoning ordinance, the Planning Board shall be the special
permit granting authority (SPGA).
D.
For the purpose of administering this article of the zoning ordinance,
wireless communications facilities shall be considered accessory in
use and structure to any principal use or structure located on the
subject parcel.
As used in this article, the following terms shall have the
meanings indicated:
A device by which electromagnetic waves are sent or received
(whether a dish, rod, mast, pole, set of wires, plate, panel, line,
cable or other arrangement serving such purpose).
A wireless communications facility or its components are
camouflaged when they are:
Not concealed within an existing or proposed structure built
for another purpose, and
Disguised, painted, textured or colored to blend in to surrounding
neighborhood structures or hidden by a purpose-built decoy that is
made part of an existing or proposed structure, or made to resemble
an architectural feature of the building or structure upon which it
is placed.
A wireless communications facility or components are concealed
when they are within parts of a building or other structure that was
built for another purpose and that is (are) not visible from outside
the structure. A change of building materials may be required to enable
antennas to function while concealed. For example, a church spire
or belfry may require replacement of wood or shingled materials with
radio-transparent synthetics. As long as the change of materials does
not substantially alter the shape, look, and function of the existing
structure, it may be considered a concealment rather than camouflage.
EQUIPMENT SHELTERAn enclosed structure built to contain wireless transmission/reception equipment and related equipment supporting the operation of a wireless communications facility. An equipment shelter is sufficiently large for an individual to enter and be sheltered from the weather while working on the equipment.
EQUIPMENT CABINETAn enclosure that contains wireless transmission/reception and related equipment supporting the operation of a wireless communications facility from the exterior of which an individual would perform maintenance or repair.
The structure or surface upon which antennas are mounted and
are defined as follows:
Side-mount: A structure attached to the side or other non-roof
portion of a building to which antennas are mounted.
Roof-mount: A structure attached to a building roof to which
antennas are mounted.
Structure-mount: A structure, frame, bracket, or the like to
which antennas are attached and which is attached to an existing structure
other than a building, such as a water tank, electrical transmission
tower or silo.
Ground-mount: A structure anchored into the ground to which
antennas are mounted. Ground-mounts include purpose-built structures
such as poles, bases, posts, monopoles, and towers.
In the absence of a separate structural component to hold an
antenna, the antenna shall be considered to be its own ground-, roof-,
side- or structure-mount. When considering the dimensions of the mount,
the dimensions of the attached antennas and related fixtures shall
be included.
The arrangement of preferred mounting applications for wireless
communications facilities. A Tier I mount is most preferred; a Tier
IV is least preferred. Tier I is defined as a side-mount, Tier II
is defined as a roof-mount, Tier III is defined as a structure-mount,
and Tier IV is defined as a ground-mount.
A.
Applicants seeking approval for the construction of a new ground-mount
shall demonstrate that they have investigated configurations lower
in numerical rank in the following tier ranking than the one for which
they are applying and make a showing that demonstrates that the alternatives
are singly or in aggregate insufficient to provide the necessary coverage,
are more visible, are not available or feasible for aesthetic or have/has
more of a detrimental impact on surrounding neighborhoods and the
general community than use of the proposed location. In considering
alternatives, the SPGA need not assess only single-site options. It
may assess the combination of two or more locations to satisfy the
needs of the applicant in an area.
|
Residential Communications Overlay District
|
Commercial Communications Overlay District
| |
|---|---|---|
|
Tier I Side-Mount
|
SPR (see Note 1)
|
SPR
|
|
Tier II Roof-Mount
|
SPR (see Note 1)
|
SPR
|
|
Tier III Structure-Mount
|
SPR
|
SPR
|
|
Tier IV Ground-Mount
|
SPB (see Note 2)
|
SPB
|
|
NOTES:
|
|
Note 1: Side- or roof-mounts within the Residential Communications
Overlay District shall utilize either concealment or camouflage techniques.
|
|
Note 2: All new ground-mounts within the Residential Communications
Overlay District shall be either: a) camouflaged and set back a minimum
of 200 feet from any existing single-, two- or three-family residential
structure not on the subject parcel; or b) designed utilizing conventional
exposed structural and mounting components and set back a minimum
of 550 feet from any existing single-, two- or three-family residential
structure not on the subject parcel.
|
B.
New ground-mount facilities shall only be considered after a finding
by the SPGA that one or more existing buildings, structures or ground-mount
facilities cannot provide equivalent service for the service provider(s)
than that of the proposed facility.
C.
Collocation of new antennas on existing ground-mount facilities shall
be allowed through the site plan review process, provided that the
height of the ground-mount is not increased and the proposed equipment
shelter/cabinet complies with the provisions of this article. A collocation
that results in an increase in the height of the ground-mount shall
require the issuance of a special permit.
The following guidelines shall be used when preparing plans
for the siting and construction of all wireless communications facilities:
A.
Side- and roof-mounts, including antennas, and roof-mounted equipment shelters shall not project more than 20 feet above the roof in the vicinity of their point of attachment. Side-mounts shall not extend more than two feet horizontally from the mounting surface to which they are attached, unless camouflaged within a purpose-built decoy that integrates with the architecture of the building, in which case the dimension shall be established by the permit granting authority in the context of the case. Roof-mounts shall not project past the plane of the wall or other vertical surfaces that form a perimeter around the area of the mount. Side- and roof-mounts may locate on a building that is legally nonconforming with respect to height, provided that the mounts, with antennas, do not project above the existing building height, unless camouflaged, in which case the mount or antennas may exceed the nonconforming building height by up to 20 feet without the need for a variance or a finding under the provisions of § 300-4.2A of this ordinance, provided that the mount and antenna are compatible with the existing structure and surrounding neighborhood.
B.
Structure-mounts, including those to be installed on existing structures that are legally nonconforming with respect to height, may extend up to 20 feet in height above the height of the existing structure by the installation of antennas and mounts without the need for a variance or a finding under the provisions of § 300-4.2A of this ordinance, provided that the extension is compatible with the structure and the surrounding neighborhood.
C.
All ground-mount facilities shall be designed to be constructed at
the minimum height necessary to achieve an RF signal strength in compliance
with the communication provider's respective FCC license, or if no
RF signal strength is set forth in the license, then the RF signal
strength stated in FCC Form 601 or its replacement form on file with
the FCC. In no case shall the height of a ground-mount facility exceed
190 feet as measured from the original ground level at the base of
the mount. The SPGA shall make a finding regarding the minimum height
necessary to comply with this provision. In order to facilitate collocation,
the SPGA may require that a new ground-mount be constructed in a manner
structurally sufficient to accommodate an increase in its height.
The setback of a ground-mount from the property line of the lot on
which it is located shall be at least equal to 25% of the height of
the mount.
D.
The permitting and construction of a ground-mount for speculation
purposes is prohibited. All special permit and building permit applications
for the construction of a ground-mount shall include an FCC-licensed
provider of wireless service as an applicant or co-applicant for the
site. The licensed FCC provider shall file with its application a
copy of its license and its current FCC Form 601, or its replacement
form.
E.
Residential communication links shall be located in the side or rear
yard or attached to the principal structure unless approved by the
Planning Board through the site plan review process. All ground-mount
residential communication links shall be screened from view from abutting
streets or properties through the use of vegetative buffers. Building-mounted
residential communication links shall not exceed six feet in height
above the roofline of the structure, nor shall any building-mounted
satellite reception dish be greater than three feet in diameter.
F.
In accordance with MGL c. 40A, § 3 and 47 CFR 97.15, the
height of antennas associated with federally licensed amateur radio
operators shall not exceed the minimum height necessary to allow for
reasonable communications.
The following standards shall be incorporated into the design
of a proposed wireless communications facility in order to mitigate
the visual impact of the proposed facility:
A.
When a wireless facility's antennas and mount extend above the height
of a building or structure on which they are mounted, every reasonable
effort shall be made to conceal them within or behind existing or
custom-made architectural features to limit visibility from public
ways and abutting property. Absent effective concealment alternatives,
antennas, cables, and mounts should be placed to minimize their visibility
and their impact on the building's or structure's silhouette. The
use of coloration, purpose-built decoys and other methods of camouflaging
the antennas shall be applied as suited to the circumstances.
B.
Wireless communications facilities that are side-mounted on buildings
shall be designed to be in harmony with the existing structure. Absent
effective concealment alternatives, antennas, cables, and mounts should
be painted or constructed of materials to match the color of the building
material directly behind them in order to minimize their visibility
and their obtrusiveness in the context of their installation.
C.
If a wireless communications facility is not suitably screened from
public view by existing buildings, structures or vegetation, the permit
granting authority may require the installation of additional screening
that may include a combination of fencing and deciduous and evergreen
landscaping. The permit granting authority shall determine the types
of trees and plant materials and depth of the needed buffer based
on site conditions. All landscaping and screening shall be maintained.
Trees or shrubs which die shall be replaced.
D.
Where a wireless facility cannot be sufficiently screened from view
as provided above, the permit granting authority may require that
such facility must be designed to blend or be compatible with the
natural and built features of the surroundings. Antenna mount designs
may include, but are not limited to, flagpole, lookout tower, or faux
tree designs. Other portions of wireless facilities, such as equipment
cabinets, shelters, cables and utility connections, may require different
degrees and types of mitigation than the associated mount, including
but not limited to installation inside existing structures, installations
of site-compatible structures with surrounding neighborhood structures.
E.
To the extent that any wireless facility extends above the height
of the structures and vegetation immediately surrounding it, the permit
granting authority may require that it be colored in a manner that
best blends with the visual background from the most critical points
of view, unless the camouflage or concealment method requires different
coloration (such as a white flagpole).
F.
There shall be no signs, except for those necessary to control access,
assure safety, provide emergency contact information or otherwise
required by law. No sign shall be greater than eight square feet in
size and six feet in elevation.
G.
Night lighting of wireless communications facilities shall be prohibited
unless said lighting prohibition results in a prohibition of service
under the Telecommunications Act.
H.
If required by the Planning Board, there shall be a minimum of one
parking space for each wireless communications facility to be used
in connection with the maintenance of the site, and it shall not be
used for the permanent storage of vehicles or other equipment.
I.
To the greatest extent possible, if applicable, as it relates to
small wireless facility installations, applicants shall refer to the
Small Wireless Facility Design Rules and Regulations Policy, which
covers the general requirements and aesthetics for the design and
installation of small wireless facilities and similar technology in
the Town of West Springfield.
[Added 6-21-2022]
A.
General.
(1)
Prior to the submission of an application under the provisions
of this section, the applicant is strongly encouraged to meet with
the Planning Board at a public meeting to discuss the proposed wireless
communications facility in general terms and to clarify the filing
and permitting requirements.
(2)
Applications for wireless communications facilities that are subject to the site plan review process shall include the documents required in § 300-13.4 of this ordinance, and, in addition, photo simulations of the proposed facility that detail location, color and visibility from abutting properties and streets.
(3)
In addition to the application criteria outlined in the special
permit section of this ordinance and the related rules and regulations
as adopted by the Planning Board, the following information shall
be included with a special permit application for a ground-mount wireless
communications facility:
B.
Location requirements:
(1)
A map indicating the location and ownership of existing wireless
communications facilities in the Town and outside the Town within
a one-mile radius of the proposed site.
(2)
Tree cover on the subject property and adjacent properties within
300 feet, by dominant species and average height, as measured by or
available from a verifiable source.
(3)
Proposed location and elevations of antenna, mount and equipment
shelter(s).
(4)
Proposed security barrier, if any, indicating type and extent
as well as point of controlled entry.
(5)
Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs and parking areas.
(6)
Lines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed) detailed
as follows:
(a)
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 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.
(b)
Existing ("before") condition photographs. Each sight line shall
be illustrated by one four-inch by six-inch or larger color photograph
of what can currently be seen from any public road within 300 feet
of the site.
(c)
Proposed ("after") condition photographs. Each of the existing
condition photographs shall have the proposed wireless facility superimposed
on it to show what will be seen from public roads if the proposed
facility is built.
(d)
A visibility map prepared by a qualified professional indicating
areas in West Springfield from which all or portions of the facility
will be visible, with separate indications of locations where visibility
of the facility through defoliated vegetation will be possible. The
map may be created after the application is filed, in conjunction
with a crane or balloon test.
(7)
Siting elevations, or views at-grade from the north, south,
east and west for a one-hundred-foot radius around the proposed wireless
communications facility plus from all existing public and private
roads that abut the subject property. Elevations shall be at either
one-quarter inch equals one foot or one-eighth inch equals one foot
scale and show the following:
C.
Design requirements:
(1)
If requested by the permit granting authority, equipment brochures
such as manufacturer's specifications or trade journal reprints for
the proposed wireless facility shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any.
(2)
A description of the materials of the proposed wireless 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.
(3)
If requested by the permit granting authority, colors of the
proposed wireless 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.
(4)
Dimensions of the personal wireless communications 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.
(5)
Appearance shown by at least two photographic superimpositions
of the wireless communications facility within the subject property.
The photographic superimpositions shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs for the total
height, width and breadth. Additional photographs with superimpositions
depicting the visibility of the proposed facility from any sites selected
by the SPGA shall be submitted by the applicant during the hearing
process as directed by the SPGA.
(6)
Landscape plan including existing trees and shrubs and those
proposed to be added, identified by size of specimen at installation
and species.
(7)
Within 21 days of filing an application for a ground-mount facility,
the applicant shall conduct a balloon or crane test at the proposed
site to illustrate the height of the proposed facility. This requirement
may be waived by the SPGA where the SPGA deems it to be inappropriate.
The date, time and location of such test shall be advertised in the
West Springfield Record a minimum of five days prior to the test.
Notice of said test shall also be sent to all parties in interest
as defined by MGL c. 40A, § 11.
(8)
If lighting of the site is proposed, the applicant shall submit
a lighting plan indicating foot-candle 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 luminaires proposed.
D.
The permit granting authority may waive any filing requirement it
deems to be unnecessary to the review of the particular application.
E.
In order to properly review and evaluate an application submitted
to the Planning Board under the provisions of this section of the
Zoning Ordinance, at the expense of the applicant, the Planning Board
may hire or contract with the services of engineers or other persons
with required technical expertise. Such hiring shall be done in consultation
with the applicant and for reasonable fees.
A.
Reconstruction of a preexisting nonconforming communications facility
within the Commercial Communications Overlay District shall be allowed
through the site plan review process, provided that the reconstruction
does not result in either an increase in height of the facility or
a material change in the character of the facility by way of its bulk,
color or design.
B.
Reconstruction of a preexisting nonconforming communications facility
within the Residential Communications Overlay District shall be allowed
by special permit issued by the Planning Board, provided that the
reconstruction does not result in either an increase in height of
the facility or a material change in the character of the facility
by way of its bulk, color, design or area of coverage.
A.
Upon request by the Building Commissioner, antennas and mounts associated
with the wireless communications facilities shall be removed by the
wireless facility operator within six months of cessation of use.
B.
Upon request by the Building Commissioner, the owner of a wireless
communications facility shall file a written statement that the operation
of an existing facility complies with, or is exempt from, applicable
regulations administered by the Federal Aviation Administration (FAA),
Federal Communications Commission (FCC), Massachusetts Aeronautics
Commission and the Massachusetts Department of Public Health. The
owner may also periodically be required by the Building Commissioner
to demonstrate compliance with applicable structural standards.
C.
Prior to the issuance of a building permit for the construction of
a ground-mount facility, the SPGA shall require an applicant to maintain
during the existence of the facility a bond sufficient in the opinion
of the SPGA to pay for the costs for the removal of a ground-mount
facility in the event the Town must remove the facility after cessation
of use.
