Public demand for consistent wireless communication service
is being met by service providers in some locations by the use of
small cell wireless antennas. Therefore, in order to balance public
interests between demand for reliable wireless service and public
concerns regarding the installation of this technology, this chapter
is intended to provide a uniform and comprehensive set of standards
and requirements for permitting, developing, siting, installing, designing,
operating, and maintaining small wireless facilities in the public
rights-of-way within the city's jurisdiction. This section applies
to the facility, mounting, placement, and operation of small wireless
facilities within the public rights-of-way regardless of the type,
owner, structure, strand, or wire to which they are affixed or attached.
As used in this chapter, the following terms shall be defined
as follows:
ABANDONED
The cessation of use of a small wireless facility.
ANTENNA
An apparatus designed for the purpose of emitting radio frequency
signals from a fixed location pursuant to the Federal Communications
Commission authorization, for the provision of wireless service. For
purposes of this definition, the term "antenna" does not include an
unintentional radiator, mobile station, antenna designed for amateur
radio use, or satellite dish for residential or household purposes.
ANTENNA EQUIPMENT
Equipment, switches, wiring, cabling, power sources, shelters
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and, when co-located on a structure, is mounted
or installed in conjunction with the installation of such antenna.
APPLICANT
Any person who submits an application under this chapter
and is, or is acting on behalf of, a wireless services provider or
wireless infrastructure provider.
CO-LOCATE
Mount or install an antenna on an existing structure containing
other equipment, or modify a structure for the purpose of mounting
or installing an antenna. "Co-location" has a corresponding meaning.
DESIGN STANDARDS
Standards promulgated for installation of a small wireless
facility, in accordance with applicable Federal Communications Commission
rules and regulations, that are reasonable, no more burdensome than
those applied to other types of infrastructure deployments, and objective
and published in advance.
RIGHTS-OF-WAY or ROW
The area on, below, or above a public utility easement, roadway,
highway, street, sidewalk, alley, or similar property, but not including
a federal interstate highway.
SMALL WIRELESS FACILITY
A facility that meets each of the following conditions:
A.
The facility is mounted on a structure 50 feet or less in height
including the antenna, or is mounted on a structure no more than 10%
taller than other adjacent structures, or does not extend the existing
structure on which it is located to a height of more than 50 feet
or by more than 10%, whichever is greater;
B.
The antenna, excluding associated antenna equipment, is no more
than three cubic feet in volume;
C.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
pre-existing associated equipment on the structure, is cumulatively
no more than 28 cubic feet in volume;
D.
The facility does not require antenna structure registration;
E.
The facility is not located on tribal lands; and
F.
The facility does not result in human exposure to radio frequency
in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
STRUCTURE
A pole, tower, base station, or other building, whether not
it has an existing antenna facility, that is used or to be used for
the provision of wireless service.
WIRELESS PROVIDER
Any individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, authorized to
provide communications service in the state, that builds or installs
wireless communication transmission equipment and/or small wireless
facilities, or that subcontracts the building of such facilities,
or provides to the public wireless services using radio frequency
signals.
No wireless provider shall place, construct, erect, modify,
mount, attach, operate or maintain a small wireless facility in the
rights-of-way in the city without first obtaining a permit from the
City Engineer.
Applications shall include the following information:
A. Applicant's name, address, telephone number and email address.
B. Names, addresses, telephone numbers, and email addresses of anyone
acting on behalf of the applicant with respect to the application.
C. Detailed drawings and descriptions of the equipment to be installed
including:
(2) Specifications of equipment (including but not limited to dimensions
and weight).
(3) Equipment mount type and material.
(4) Power source or sources for equipment, including necessary wires,
cables and conduit.
(5) Expected life of equipment.
(6) Coverage area of equipment, including:
(e)
Typical coverage of area radius.
(7) Rendering and elevation of equipment.
(8) If installation requires new equipment mounted on the ground or a
new pole to be erected, a prior grant of location approval from Melrose
City Council is required. Proof of such approval shall be submitted
at the time the application is filed.
(9) Existing conditions photographs including at least one showing the
pole where the small wireless facility will be installed and the nearest
residential structure.
(10)
For all applications to locate small wireless facilities, the
applicant shall provide photo simulations from at least two reasonable
line-of-sight locations near the proposed project site. The photo
simulations must be taken from the viewpoints of the greatest pedestrian
or vehicular traffic.
D. Detailed map with locations of the poles or other facility on which
equipment is to be located, including specific pole identification
number, if applicable, and the areas it will service.
E. Detailed map showing existing and proposed small cell installations
within 500 feet of the application site.
F. Certification by a registered professional engineer that the pole/location
will safely support the proposed equipment, including how it will
affect the integrity of the pole for public safety concerns.
G. Written consent of the pole or facility owner for the installation.
H. Affidavit of a radio frequency engineer or radio frequency safety
officer with Massachusetts experience that demonstrates that the resulting
radio frequency emission levels from equipment installation at the
proposed location(s) comply with the Federal Communication Commission's
radio frequency (RF) emissions regulations as well as any Commonwealth
of Massachusetts health and safety standards at the street level and
at the closest point of the nearest occupied building. RF radiation
emission limits apply to the aggregate emissions of all collocated
equipment not just emissions of single antennas. Should emissions
exceed FCC guidelines, all antennas must be turned off until the aggregate
emissions are lowered to acceptable limits.
I. Insurance certificates with the following minimum coverages: general
liability insurance (without a pollution exclusion) in an amount not
less than $1,000,000 per occurrence and $2,000,000 in the aggregate;
worker's compensation insurance not less than the amount of $100,000
per accident and $500,000 per illness or the statutorily required
amount, whichever is greater; and umbrella insurance in an amount
not less than $5,000,000. The City must be an additionally named insured,
and such policies shall indicate that the insurance company shall
provide 30 business days' prior written notice to the City of
lapse or cancellation. All insurance carriers shall carry an A.M.
Best rating of "A-" or better. Such insurance shall provide for the
waiver by the insurance carrier of any subrogation rights against
City, its agents, servants and employees.
J. Description as to why the desired location is superior to other similar
locations from a community perspective, including:
(2) Proximity to residential dwellings, schools, parks or playgrounds.
(3) Documented effort to place antennas in nonresidential areas, away
from schools and daycare centers, and proof that such alternate sites
will not result in adequate coverage.
K. Description of efforts to co-locate the equipment on existing structures,
poles or towers which currently exist or are under construction. A
good faith effort to co-locate is required and evidence of such efforts
must be included within the application. Any installations that would
require a new pole require a grant of location approval from the City
Council prior to submitting a small cell application.
L. An affidavit from the applicant which certifies that it will maintain
the installations in good repair and according to FCC standards, and
remove any installation not in such good repair, or not in use, within
30 days of being no longer in good repair or 90 days of being no longer
in use.
M. A written analysis indicating that the installation and location
of the equipment will not interfere with the operation of the existing
pole or its primary uses, or with any public safety or public works
radio transmissions. This analysis shall include certification that
the proposed facilities will not cause interference to any lawfully
operating emergency communication system, television, telephone, or
radio in the surrounding area.
N. A written plan indicating the protocol for turning off wireless facilities
when utility workers are present on poles, in order to limit their
exposure to radio frequency emissions. The plan should also include
a description of any warning signs that will be posted to alert utility
workers to radio frequency exposure.
O. A written plan indicating the response protocol to be implemented
in the event that the equipment is damaged by a weather related event
or due to an accident.
P. A statement indicating whether a waiver is being requested from any
of the applicable design standards and installation requirements as
set by the City. If so, the applicant shall identify from what particular
standard a waiver is being requested, and any request for a waiver
must contain information detailing how the applicable standard is
not technically feasible, why there is no reasonable alternative,
and/or that requiring the applicant to meet the standard would constitute
an effective prohibition.
All small wireless facilities must be constructed, installed,
and operated in accordance with the plans and specifications included
in the application and the following design standards and installation
requirements:
A. Cables, wires, connectors: All cables, wires and connectors related
to the small wireless facility must be fully concealed on the wireless
support structure and shall match the color of the wireless support
structure. There shall be no external cables and wires related to
the small wireless facility hanging off or otherwise exposed on the
wireless support structure.
B. Signage: The small cell wireless facility permittee shall post its
name, location identifying information, and emergency telephone number
in an area on the cabinet of the small wireless facility that is visible
to the public. Signage required under this section shall not exceed
four inches by six inches, unless otherwise required by law (e.g.,
radiofrequency (RF) ground notification signs) or the City.
C. Lights: New small cell wireless facilities and wireless support structures
shall not be illuminated, except in accord with state or federal regulations.
D. Logos/decals: The small wireless facility operator/permittee shall
place the RF warning sticker required by government or electric utility
regulations as close to the antenna as possible.
E. Cooling fans: The small cell wireless facility operator/permittee
shall use a passive cooling system. In the event that a fan is needed,
the small cell wireless facility operator/permittee shall use a cooling
fan with a low noise profile. In any event, all small wireless facilities
shall comply with current requirements of the City of Melrose Zoning
and Noise ordinances.
F. All small wireless facilities shall be installed in accordance with
the applicable codes in force at the time of installation.
G. Antenna shall be placed no less than 20 feet from a residence's
window, door opening, porch or balcony unless a waiver is granted
specific to this requirement.
H. No installation shall be placed where, in the determination of the
City, it would limit the city's ability to plant future street
trees based upon any existing city standards or guidelines for planting
of street trees.
I. Pole-mounted equipment heights to the bottom of the antenna and all
ancillary cabinets and equipment shall be no less than 12 feet above
the sidewalk elevation.
J. Where conditions do not permit a top-mounted antenna, the antenna
may be side-mounted with a minimum height of 15 feet above the sidewalk
elevation.
K. The city reserves the right to reasonably require, in its sole discretion,
a supplemental review by independent experts of any application for
a small wireless facility under this section. All reasonable costs
of such review shall be borne by the applicant, in addition to scheduled
fees. Whether based on the results of the supplemental review or the
city's own review, the city may require changes to or supplementation
of the application.
L. Unless construction has actually begun and is diligently pursued
to completion at that point, no permit for construction issued under
this chapter shall be valid for more than 12 months unless the City
Engineer and applicant agree to an extension and all required fees
are paid for the term regardless of construction.
M. Routine maintenance shall not require submittal of a new application,
although it shall require all necessary permits for work to be performed.
N. A wireless provider shall repair, at its sole cost and expense, any
damage to city streets, sidewalks, curbs, gutters, trees, parkways,
city poles or other property, utility lines and systems, or sewer
or water systems or lines resulting from the collocation of a small
wireless facility in the ROW or the installation of a pole in the
ROW. The wireless provider shall restore such areas, structures and
systems to substantially the same condition in which they existed
prior to the damage. If the wireless provider fails to make the repairs
within 60 days of notice of the damage, the city may effect those
repairs and recover the actual and reasonable expenses of doing so
from the wireless provider, its successors or assigns.
Nothing in this chapter shall authorize a wireless provider
to locate small wireless facilities on property owned by a private
party, property that is not located within the public right-of-way,
or a privately owned utility pole or wireless support structure within
a right-of-way without the consent of the property owner.
The wireless provider shall comply with all applicable local
ordinances, state and federal laws, including but not limited to the
noise and zoning ordinances, as well as the Massachusetts building,
plumbing and electrical codes, uniform building, fire electrical,
plumbing, or mechanical codes adopted by a recognized national code
organization or local amendments to those codes, and the National
Electric Code, National Electric Safety Code, any applicable environmental
codes (e.g., Wetlands Protection Act and local bylaw), local, state,
and federal regulations pertaining to historic districts and structures,
and the rules, regulations, and provisions of the Federal Communications
Commission, the Occupational Safety and Health Administration, and
any other state or federal agency regulating wireless communications.