A. 
In accordance with § 240-5.8 of the Zoning Bylaw, all applications for the installation of wireless communications facilities shall be submitted to the Planning Board for either a special permit or a determination that the proposal qualifies for a lesser level of review and permitting as follows:
(1) 
Whether the proposal needs only a building permit by virtue of meeting the standards specified in § 240-5.8D of the Zoning Bylaw; or
(2) 
Whether the proposal requires a preliminary site plan review as provided for in § 240-5.8D of the Zoning Bylaw;
B. 
Applicants seeking a determination of exemption from special permit shall submit sufficient architectural and/or engineering drawings to the Planning Board to demonstrate that they meet the standards of § 240-5.8D. Such plans must include (but are not limited to) elevations indicating the planned exterior alterations to any existing building or structure and/or the elevations of any new building or structure; a site plan indicating the size and location of existing and proposed buildings or structures including any support equipment, fencing, landscaping, lighting, parking, accessways, etc.; a narrative description describing the proposed changes and explaining how they meet the standards of § 240-5.8D of the Zoning Bylaw; and the form entitled "Determination of Exemption From Special Permit for Wireless Communications."
Prior to the submission of an application for a special permit under § 240-5.8 of the Zoning Bylaw, the applicant is strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed personal wireless communications facility in general terms and to clarify the filing requirements. The purpose of the conference is to inform the Planning Board as to the nature of the proposed personal wireless communications facility. As such, no formal filings are required for the preapplication conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the location of the proposed facility, as well as its scale and overall design.
The following shall be included with an application for a special permit for all personal wireless communications facilities:
A. 
General filing requirements.
(1) 
Name, address and telephone number of applicant and any coapplicants, as well as any agents for the applicant or coapplicants. A twenty-four-hour emergency telephone contact number shall be included.
(2) 
At least one licensed carrier and the landowner(s) of the proposed site of the personal wireless communications facility shall be applicants or coapplicants.
(3) 
Original signatures are required for the applicant and all coapplicants applying for the special permit. If the applicant or coapplicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or coapplicant is required. Photo reproductions of signatures will not be accepted.
B. 
Locus plan requirements.
(1) 
Identification of the subject property, including the name of the nearest road or roads, street address, if any, and Assessors' Map and parcel number of subject property.
(2) 
A map to scale prepared and stamped by a registered professional engineer or land surveyor showing the subject property and all properties (including lot lines) within 500 feet and the location of all buildings, including accessory structures, and driveways on all properties shown to the extent observable or determinable by Town or other records.
(3) 
A map showing the locations of all preexisting and proposed future personal wireless communications facilities in Sherborn and abutting towns for the applicant carrier, and all other preexisting and proposed (to the extent determinable through public records) personal wireless communications facilities of other carriers in Sherborn and abutting towns.
C. 
Site plan filing requirements.
(1) 
A vicinity plan prepared and stamped by a registered professional engineer or land surveyor at a scale of one inch equals 40 feet (or at an alternate scale appropriate for the size of the property as may be approved by the Planning Board) showing the following:
(a) 
Property lines for the subject property.
(b) 
Property lines of all properties adjacent to the subject property within 500 feet.
(c) 
Tree cover on the subject property and abutting properties distinguishing between coniferous and deciduous species, and indicating average height as measured by or available from a verifiable source, for a distance of 500 feet.
(d) 
Outline of all preexisting buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all properties adjacent to the subject property to the extent observable or determinable by Town or other records.
(2) 
A proposed development plan prepared and stamped by a registered professional engineer or land surveyor, including the following:
(a) 
Proposed location of antenna, mount, equipment shelter(s) and other appurtenant facilities.
(b) 
Proposed security barrier around tower and/or equipment shelter, indicating type and extent as well as point of controlled entry.
(c) 
Location of all roads, public and private, and utility easements on the subject property and on all properties adjacent to the subject property, including driveways proposed to serve the personal wireless communications facility.
(d) 
Distances, at grade, from the proposed personal wireless communications facility to each building on the vicinity plan.
(e) 
Contours at each two feet above mean sea level for a distance of 500 feet around the proposed site.
(f) 
All proposed changes to the preexisting property, including grading, vegetation removal and planting, and temporary or permanent roads and driveways.
(g) 
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 communications facility.
(h) 
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "sight lines" subsection below.
(i) 
All conservation lands and conservation easements on the subject property or within 1,000 feet of the proposed site.
(3) 
Sight lines and photographs as described below:
(a) 
Sight line representation. A sight line representation shall be drawn from the nearest point of the nearest public way within 500 feet and the closest facade of each residential building (viewpoint) within 500 feet (subject to the owner's permission to do so) to the highest point (visible point) of the personal wireless communications 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 no residential building or public way within 500 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). Each of the preexisting condition photographs shall have the proposed personal wireless communications facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed personal wireless communications facility is built.
(d) 
Siting elevations. 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 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] 
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 above mean sea level.
(e) 
Photographs, from multiple viewpoints, of any crane or balloon used to test visibility or viability of any proposed site.
D. 
Design filing requirements.
(1) 
Materials of the proposed personal wireless communications 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.
(2) 
Colors of the proposed personal wireless communications 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.
(3) 
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.
(4) 
Landscape plan, including preexisting trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(5) 
During the application 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. The date, time and location of such test shall be advertised, at the expense of the applicant, in a newspaper of general circulation in the Town at least one week in advance of the proposed date. At least one alternate date shall be published in the event inclement weather requires rescheduling. The Planning Board may, in its discretion, waive the advertising requirement if adverse weather conditions result in the cancellation of the test on both the original and alternate dates.
(6) 
If lighting of the site is proposed, the applicant shall submit documentation from an engineer that the footcandle level at the property lines shall not exceed 0.0.
E. 
Noise filing requirements. The applicant shall provide a statement certified by an acoustical engineer that the facility will comply with the noise standards of § 380-1.7B.
F. 
Radio frequency radiation (RFR) filing requirements. The applicant shall provide the following:
(1) 
A statement signed by a licensed RF engineer that the proposed or existing transmitting facility does or will comply with FCC radio frequency emission guidelines for both general population/uncontrolled exposures and occupational/controlled exposures as defined in FCC rules (as they may be amended or updated from time to time).
(2) 
A statement or explanation as to how the personal wireless service provider determined that the transmitting facility will comply, e.g., by calculation methods, by computer simulations, by actual field measurements, etc. Actual values for predicted exposure should be provided to further support the statement. An exhaustive record of all possible exposure locations is not necessary, but, for example, the "worst case" exposure value in an accessible area could be mentioned as showing that no exposures would ever be greater than that level. Reference should be given to the actual FCC exposure limit or limits relevant for the particular transmitting site.
(3) 
An explanation as to what, if any, restrictions on access to certain areas will be maintained to ensure compliance with the public or occupational exposure limits. This includes control procedures that are established for workers who may be exposed as a result of maintenance or other tasks related to their jobs.
(4) 
A statement as whether other significant transmitting sources are located at or near the transmitting site, and, if required by the FCC rules, whether their RF emissions were considered in determining compliance at the transmitting site.
G. 
Federal environmental filing requirements.
(1) 
The applicant shall present a copy of any environmental assessment (EA) that may be required by the FCC through its administration of the National Environmental Policy Act (NEPA) via procedures adopted as Subchapter A, Part 1, Subpart I, Section 1.1301 et seq. (47 CFR Ch. I).
(2) 
If no such EA needs to be submitted to the FCC, documentation of that fact must be submitted.
(3) 
The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless communications facility that are considered hazardous by the federal, state or local government.
H. 
Alternatives analysis. All applications for new tower locations shall be accompanied by a narrative statement endorsed by a qualified radio frequency engineer explaining why the proposed location (or locations) was (were) selected. Such statement shall include supporting documentation demonstrating that no feasible alternative location within the Town of Sherborn was available. For locations outside Overlay District 1, such statement shall include additional supporting documentation demonstrating that at least three alternative scenarios to provide comparable service utilizing existing structures, locations within Overlay District 1, and/or camouflaged facilities were considered and rejected.
A. 
Licensed carriers shall share personal wireless communications facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless communications facilities that are stand-alone facilities. All applicants for a special permit for a personal wireless communications 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 personal wireless communications facilities;
(2) 
Contact with all other carriers for wireless communications operating or licensed to operate in Sherborn or abutting Towns; and
(3) 
Sharing 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 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 which show the ultimate appearance and operation of the personal wireless communications facility at full build-out.
D. 
If the Planning Board approves co-location for a personal wireless communications 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.
A modification of a personal wireless communications facility may be considered equivalent to an application for a new personal wireless communications facility. Applicants for such modifications shall appear before the Planning Board to present its proposed modifications in order that the Board may determine whether the modifications are substantial and require the submission of a new special permit application.
A. 
After the personal wireless communications facility is operational, the applicant shall submit to the Planning Board copies of any documents required by the FCC to demonstrate compliance with its RF emission standards.
B. 
After the personal wireless communications facility is operational, the applicant shall submit, within 10 days of any request from the Town in response to complaints received, documentation that noise emissions from the facility, measured at its property plane, do not exceed 50 decibels from 10:00 p.m. to 7:00 a.m. or 55 decibels from 7:00 a.m. to 10:00 p.m. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the foregoing standard. In the event these standards are not met, appropriate noise inhibiting measures shall be implemented and compliance with the standards demonstrated within 30 days of the initial request for documentation.
C. 
The carrier(s) operating the wireless communications facility and/or its owner shall maintain the personal wireless communications facility. Such maintenance shall include, but shall not be limited to, painting, structural integrity and landscaping.
A. 
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless communications facility, such carrier will notify the Town by certified US 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 communications facility shall be considered abandoned if the annual certification required in § 380-1.10D is not received within 10 days of its due date. If the Town suspects that a facility is abandoned, it may request a confirmation of continued operations at any time, and a facility shall be considered abandoned if no such confirmation is received within 30 days of the request.
B. 
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless communications facility within 12 months of 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 personal wireless communications facility to its original condition, except that any landscaping and grading shall remain.
C. 
If a carrier fails to remove a personal wireless communications facility in accordance with this section of these regulations, the Town shall have the authority to enter the subject property and physically remove the facility. As provided for in § 380-1.10C, the Planning Board will require the applicant to provide security, in an amount set by the Planning Board, prior to issuance of the special permit to cover costs for the removal of the personal wireless communications facility in the event the Town must remove the facility.
Personal wireless service facilities that were in existence at the time of adoption of these regulations may be reconstructed, altered, extended or replaced by special permit, provide that the Planning Board 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 Planning Board 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 Planning Board 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 shall be filed with the Town Clerk.
B. 
An initial bond to cover annual maintenance for the access road, site tower(s), antennas, and related equipment will be posted in an amount approved by the Planning Board.
C. 
Security shall be established prior to the issuance of a special permit to ensure that funds are available for the removal of the wireless communications facility and restoration of the site to as close to its original condition as is feasible. Such security shall consist of special cash account, held by the Town, and dedicated to the specific purpose of removing and disposing of the wireless communications facility and restoring its site. The account shall be established by the Town upon receipt of the funds from the applicant in an amount determined by the Planning Board after consultation with an appropriate consultant (at the expense of the applicant). At the discretion of the Planning Board, a comparable security such as a letter of credit may be substituted for the cash account.
D. 
Annual certification as to continuing operations and compliance with applicable standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the Planning Board by the special permit holder, no later than January 31 of each year.
A. 
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.
B. 
Wireless communications facilities shall be of an appropriate color to minimize visibility. The colors may vary by site, type of facility and/or location of each portion of the facility in relation to its immediate environs.
Equipment shelters for personal wireless communications facilities shall be designed consistent with one of the following design standards:
A. 
Equipment shelters must be located in underground vaults; or
B. 
Equipment shelters must be designed consistent with traditional materials, color and design of the area.
C. 
Equipment shelters must be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence acceptable to the Planning Board.
A. 
Personal wireless service 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 parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.
B. 
Signs shall be limited to those needed to identify the property and the owner and warn of any danger.
C. 
All ground-mounted personal wireless communications facilities shall be surrounded by a security barrier.
A. 
Any personal wireless communications facilities located on or within an historic structure (a structure listed or eligible for listing on the State or National Register of Historic Places) shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building; or
B. 
Notwithstanding the foregoing, approval, where required, of the Sherborn Historic District Commission or the Massachusetts Historic Commission shall constitute compliance with this § 380-1.14.
The Planning Board shall request comments from the Town Forest Committee for any proposed locations within Town Forest, or from other boards or commissions as may be relevant (e.g., Cemetery Commission for locations near a cemetery, Open Space Committee for locations near the Bay Circuit Trail).
A special permit issued for any personal wireless communications facility shall be for a maximum initial term of five years. Such permits shall be renewable for additional maximum terms of five years upon application by the special permit holder at least 90 days prior to the expiration of a current term. Renewal applications shall contain documentation that the conditions of the original special permit (or any previous renewals) were met and maintained during the previous term.