Town of Sudbury, MA Wireless Facilities in Public Ways

Are mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 1.1320(d); or

Are mounted on structures no more than 10% taller than other adjacent structures; or

Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of antenna in 47 CFR 1.1320(d)], is no more than three cubic feet in volume;

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;

The facilities do not require antenna structure registration under Part 17 of 47 CFR;

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

The facilities do not result in human exposure to radio-frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SUBSTITUTION POLE

To enable the installation of an SWF, a utility pole that takes the place of an existing utility pole wherein the resulting pole with attachments is more than five feet higher than the existing pole with attachments.

§ 287-4 Goals.

The goals of this section are to:

Preserve and promote harmonious land uses within the Town, including its public rights-of-way;

Promote and protect public health and safety, community welfare, visual resources, and the aesthetic quality of the Town;

Provide for the orderly, managed, and efficient development of SWFs in accordance with federal and state laws, rules, and regulations and within defined locations within the Town; and

Encourage new and more efficient technology in the provision of SWFs.

§ 287-5 Intent.

This article is not intended to apply to, nor shall it be interpreted to apply to:

Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless services;

Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for rights-of-way management;

Unreasonably discriminate among providers of functionally equivalent services;

Deny any request for authorization to place, construct or modify personal wireless service facilities based on environmental effects of radio-frequency emissions to the extent that such wireless facilities comply with the FCC's regulations concerning such emissions;

Otherwise authorize the Town to preempt any applicable federal or state law; or

To conflict with 47 U.S.C. § 332 et seq.

§ 287-6 Application procedures.

Fees. The dollar amounts of all fees that are established pursuant to this article shall be recorded in the Town of Sudbury Select Board Fee Schedule.

Filing. Applications shall be submitted to the Select Board by filing with the Town Clerk's office in accordance with this article, accompanied by an SWF application fee. The SWF application fee will cover up to five locations per application. Each application for more than five installations is subject to an SWF supplemental application fee per additional installation. Each new pole (including substitution poles as established herein) is subject to an SWF new pole application fee per new pole applied for.

Public hearing notices. Pursuant to MGL c. 166, § 22, the Select Board shall hold a public hearing on all applications for SWFs pursuant to MGL c. 166, § 22 and the costs of the legal notices shall be paid by the applicant, including the costs of mailing notice of the public hearing to property owners within a radius of 500 feet from the location where the pole for the proposed SWF is or is proposed to be.

Application completeness verification by the Department of Public Works ("DPW"). No application will be deemed complete unless and until the DPW shall have first verified that the applicant has assembled all the application contents listed in Subsection F below; the same shall constitute a complete application. To protect the Town's rights under the federal SWF shot clock, the DPW should make a determination of completeness in such time that the Town can inform the applicant of an incomplete application within 10 days of original filing.

Payment of application filing fees and number of application copies. The applicant shall pay all application filing fees to the Town Clerk's office and shall file the following number of sets of application materials at the offices set forth below:

Number of Sets	Office
1	Town Clerk's office
5	Select Board office

One electronic original copy shall be submitted to the Select Board office. It shall be a PDF document of the original material, with text-copy capability, no scanned pages and in color.

Contents of a complete application. Applications shall include the following information:

Applicant's name, address, telephone number and email address.

Names, addresses, telephone numbers, and email addresses of anyone acting on behalf of the applicant with respect to the application.

Detailed drawings and descriptions of the equipment to be mounted on the pole(s), including:

(a)

Type of equipment;

(b)

Specifications of equipment (including but not limited to dimensions and weight);

(c)

Equipment mount type and material;

(d)

Power source or sources for equipment, including necessary wires, cables, and conduit;

(e)

Expected life of equipment;

(f)

Configuration of the antenna equipment, including:

Number of antennas.

Antenna model.

Antenna length.

Antenna height.

Antenna mounting scheme.

(g)

Hardening, including:

[1]

If there is a battery backup;

[2]

If there is a generator backup;

[3]

Proposed measures to prevent vandalism and accidental damage.

(4)

Renderings/photo simulations and elevation drawing of the equipment installation.

(5)

A detailed explanation comparing the characteristics of each proposed SWF with the criteria in the FCC definition of an SWF demonstrating the application is for bona fide SWFs, including, without limitation, totals of equipment volumes, antenna volumes, and antenna heights, based on the information above.

(6)

A radio-frequency emissions analysis consistent with FCC OET Bulletin 65 procedures, demonstrating compliance of each proposed SWF with FCC requirements limiting human exposure to radio-frequency energy.

(7)

A noise assessment by a competent party, demonstrating compliance with Massachusetts Department of Environmental Protection guidelines for noise pollution and with any Sudbury noise regulations.[1] If the proposed SWF has no noise-generating apparatus, the applicant shall certify the same with supporting evidence in the application materials and may provide such certification in lieu of a noise assessment.

[1]

Editor's Note: See also Section 3423, Noise, of Ch. 295, Zoning.

(8)

Detailed map with locations of the poles on which equipment is to be located, including specific pole identification number, if applicable, and the geographic areas the equipment will service.

(9)

Detailed map showing existing and proposed small-cell installations within 500 feet of the application site.

(10)

Certification by a registered professional engineer that the pole will safely support the proposed equipment.

(11)

Written consent by the pole owner to the proposed installation. If the proposal is for a new pole that will be owned by a utility, the SWF application shall be accompanied by an application for construction approval per the Select Board regulation contained in its policies and procedures.

(12)

Affidavit from a radio-frequency engineer, outlining the network/network service requirements in Sudbury and how each installation addresses that need in Sudbury. Such affidavit should characterize, through or with coverage maps, the current level of coverage and how the desired installation(s) will change the current level of coverage, including current and proposed coverage, and include any information the applicant considers relevant to the need, such as evidence supporting any capacity claims regarding the need for the SWF.

(13)

Liability insurance certificate, naming the Town of Sudbury as an additional insured.

(14)

Description as to why the desired location is superior to other similar locations, from a community perspective, including but not limited to:

(a)

Visual aspects.

(b)

Proximity to single-family residences.

(c)

Impact on public safety, including without limitation, pedestrian or vehicular traffic during operation and during construction/maintenance activity.

(15)

Description of efforts to locate the equipment on existing poles which currently exist or are under construction. A good-faith effort to locate on such poles is required and evidence of such efforts must be included within the application.

(16)

An affidavit from the applicant which certifies that it will maintain the installations in good repair and according to FCC standards and will remove any installation not in such good repair, or not in use, within 60 days of being no longer in good repair or no longer in use.

Public hearing. Placement of application on agenda. Once a complete application has been submitted and all filing fees required herein or elsewhere have been paid, the Select Board will schedule and hold a public hearing and, thereafter, render a decision on the application.

§ 287-7 Time for rendering a decision ("shot clock").

Pursuant to federal regulation, the Select Board shall have 60 days from the filing of a complete application for collocation of an SWF using an existing pole, and 90 days for attachment of a SWF proposing a new pole (see definitions). The "shot clock" may be extended by mutual written agreement of the Select Board and the applicant.

§ 287-8 Select Board decision.

The Select Board may grant, grant with conditions, or deny the application based on inadequate capacity of the pole or mounting structure, safety concerns, reliability concerns, failure to meet applicable engineering standards, and/or failure to meet applicable design and aesthetic requirements all as set forth in this article.

§ 287-9 Annual recertification and affidavit.

Each year on July 1, the SWF owner shall submit an affidavit which shall list, by location, all SWF installations it owns within the Town of Sudbury and shall certify:

Each such installation that remains in use;

That such in-use installations remain covered by liability insurance naming the Town as an additional insured; and

The dates of disuse and removal of any disused equipment.

The equipment owner shall pay to the Town of Sudbury an SWF annual recertification fee per installation which remains in place, whether in use or not.

§ 287-10 Disuse.

Any SWF which is no longer in use shall be removed by the owner, at the owner's expense, within 60 days of disuse.

Nonremoval of SWF no longer in use. Any SWF installation which is not removed by the owner, at the owner's expense, within 60 days of disuse shall be subject to an SWF abandonment fee (fine) for each day after being listed in the annual recertification affidavit as no longer in use until such installation is removed by the owner.

Prohibition on new applications. Where such annual recertification has not been timely submitted, or equipment no longer in use has not been removed within the sixty-day period, no further applications for small cell wireless installations will be accepted by the Town Clerk's office until such time as the annual recertification has been submitted and all fees and fines have been paid.

§ 287-11 Design guidelines and aesthetic requirements.

No SWF equipment shall be installed at locations with double poles, provided that the doubling of poles is permitted for replacement and substitution poles only for the reasonable time necessary to move utilities to the replacement or substitution pole, which time shall not exceed 120 days. If a double-pole condition remains more than 120 days after such an installation, the SWF must cease operation until the double pole is removed.

Within the public right-of-way, only pole-mounted antennas shall be permitted, provided that at its sole discretion the Select Board may consider other street furniture, such as decorative lampposts, to provide an appearance that may be more compatible with the location. The Select Board may require new structures in the public way to be of a concealed design that is compatible with the locus of the proposed installation (e.g., a concealed SWF lamppost).

Absent Select Board permission and compliance with this chapter, no new poles are permitted within the public right-of-way that are not substitution poles. If an applicant proposes to replace a pole in order to accommodate the SWF, the pole shall match the appearance of the original pole to the extent feasible, including size, height, color, materials and style, unless another design better accomplishes the objectives of this chapter as determined by the Select Board.

If a new pole is permitted by the Select Board to be placed within the public right-of-way, including a substitution pole, the new pole shall be designed to resemble existing poles in the right-of-way, including size, height, color, materials and style, unless another design better accomplishes the objectives of this section as determined by the Select Board. Such new poles that are not replacement poles or substitution poles shall be located no closer than 90 feet to an existing pole on the same side of the street. A substitution pole shall be placed within three feet of the pole that it is substituting for.

SWF installation equipment (meters, enclosures, etc.) shall be mounted on the pole in a manner that preserves pedestrian and vehicular traffic safety and flow.

No SWF installation equipment shall be replaced or altered on a pole without a reapplication, hearing and approval from the Select Board, unless the equipment is being replaced with the same or substantially similar equipment and there is no increase in total equipment volume or antenna volume from that which was previously approved.

Not more than one SWF shall be mounted per pole unless it is a neutral-host installation with shared antennas and all equipment meets the standard volume for a single SWF.

The owner of an SWF shall remove all graffiti and repair any other damage on any portion of the SWF and any related equipment no later than 10 days from the date the owner receives notice from the Select Board or the Select Board's agent(s).

Each component part of an SWF shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists.

An SWF shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety infrastructure.

Unless collocated to the satisfaction of the Select Board, each pole-mounted SWF must be separated from other SWFs in the public way in such a manner as to prevent blight or other undesirable conditions resulting from closely spaced SWFs.

All wires and cables needed to service the SWF must be installed in a neat and workmanlike manner and to prevent substantially increasing the visual mass and clutter of the pole. Any existing attachments that will remain or be restored after construction of the SWF shall be improved in appearance to the extent practicable, in consideration of the additional cables and equipment required for the new SWF.

Americans with Disabilities Act compliance. All SWF installations shall be built and maintained in compliance with the Americans with Disabilities Act (ADA).[1]

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

The SWF shall be color-coordinated to best minimize the visual impact of the facility. To the extent practicable, cabling shall be enclosed in conduit or covers, and exposed cabling shall be neat and workmanlike.

New poles: screening. New poles shall be located so as to be well-screened and hidden to the maximum extent practicable from public and residential view such as depicted below:

New poles: intersections. New poles shall be located to comply with the minimum sight line requirements pursuant to state highway regulations such as in the manner depicted below (see MassDOT Highway Division development and design guidelines, referring to AASHTO policy on geometric design):

SWF orientation with residential buildings. SWFs, whether on new poles or not, shall be located to prevent cluttering residential views, including but not limited to views up driveways and walkways and views to/from residence windows, doors, porches, etc.

If an applicant seeks to place an SWF in a residentially zoned neighborhood, a neighborhood that contains residential structures or otherwise adjacent to an area of Sudbury that contains residential structures, the applicant:

Shall avoid attaching to poles that are within 20 feet of an existing driveway to enable the property owner to take advantage of trees or other screening that could shield the wireless equipment from view; and

Shall avoid attaching to poles where the installation and/or ongoing maintenance will require:

(a)

Significant tree trimming that could expose the SWF to view; or

(b)

Obstructing access to driveways or walkways

In the following locations, SWFs are subject to additional criteria:

SWFs located on public ways within or abutting an historic district must be reviewed and approved by the Historic District Commission, and such SWFs shall conform to any federal, state and local requirements regarding the impacts of the SWF on such districts.

At locations where utilities are required to be underground in the public way, no poles or other structures may be added for mounting an SWF unless the applicant has demonstrated to the Select Board that the service objective cannot be provided by any other means. Such demonstration may include coverage maps, drive/walk tests of potential coverage from the proposed and alternative locations and other technical information as necessary to support the claim of need for the SWF as proposed.