Town of Dalton, MA Personal Wireless Service Facilities and Tower

Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities.

Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities.

Preserve property values.

Minimize the total number and height of towers throughout the community.

Locate towers so that they do not have negative impacts on the general safety, welfare, and quality of life of the community such as, but not limited to, attractive nuisance, noise and or damage to adjacent property.

Require owners of towers and personal wireless service facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities where possible.

Require tower sharing and the clustering of personal wireless service facilities where possible.

§ 350-71 Consistency with federal law.

These regulations are intended to be consistent with the Telecommunications Act of 1996 in that:

They do not prohibit or have the effect of prohibiting the provision of personal wireless services;

They are not intended to be used to unreasonably discriminate among providers of functionally equivalent services;

They do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated Services and facilities comply with the FCC's regulations concerning such emissions.

§ 350-72 Definitions and word usage.

As used in this personal wireless service facilities article, the following terms shall have the meanings indicated:

ACT

The Telecommunications Act of 1996.

ADEQUATE COVERAGE

Coverage is considered to be adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is greater than —95 dbm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than —95 dbm, as long as the signal regains its strength to greater than —95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than —95 dbm.

ADEQUATE CAPACITY

Capacity is considered to be adequate if the grade of service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of application, as measured using direct traffic measurement of the personal wireless service facility in question, where the call blocking is due to frequency contention at the antenna(s).

ANTENNA

A device which is attached to a tower, or other structure for transmitting and receiving electromagnetic waves.

AVAILABLE SPACE

The space on a tower or structure to which antennas of a personal wireless service provider are both structurally able and electromagnetically able to be attached.

BASE STATION

The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wireless service providers can be located on a single tower or structure.

CHANNEL

The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.

COMMUNICATION EQUIPMENT SHELTER

A structure at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions.

DBM

Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.

ELECTROMAGNETICALLY ABLE

The determination that the new signal from and to the proposed new antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.

EMF

Electromagnetic Frequency Radiation.

FACILITY SITE

A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wire service facility(ies) and required landscaping are located.

FCC

Federal Communication Commission; the government agency responsible for regulating telecommunications in the United States.

GHZ (GIGAHERTZ)

One billion hertz.

GRADE OF SERVICE

A measure of the percentage of calls which are able to connect to the base station, during the busiest hour of the day. Grade of service is expressed as a number, such as p.05 (which means that 95% of callers will connect on their first try). A lower number (p.04) indicates a better grade of service.

HERTZ

One hertz is the frequency of an electric or magnetic field, which reverses polarity once each second, or one cycle per second.

MAJOR MODIFICATION OF AN EXISTING FACILITY

Any change, or proposed change in power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), change in number of channels per antenna above the maximum number approved under an existing special permit.

MHZ (MEGAHERTZ)

One million hertz.

MONITORING

The measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from individual personal wireless facilities, towers, antennas or repeaters.

MONITORING PROTOCOL

The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new personal wireless service facilities upon adoption of this bylaw. As the technology changes, the SPGA may require, by written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be on file with the Dalton Board of Appeals and the Dalton Town Clerk.

MONOPOLE

A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations.

PERSONAL WIRELESS SERVICE

Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services. These services include: cellular services, personal communication services (PCS), specialized mobile radio services and paging services.

PERSONAL WIRELESS SERVICE FACILITY

All equipment (including any repeaters) with which a personal wireless service provider broadcasts and receives the radio-frequency waves which carry their services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or structure(s) owned and permitted by another owner or entity.

PERSONAL WIRELESS SERVICE PROVIDER

An entity licensed by the FCC to provide personal wireless services to individual or institutions.

RADIATION PROPAGATION STUDIES OR RADIAL PLOTS

Computer generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tools for determining whether a site will provided adequate coverage for personal wireless services facilities proposed for the site.

REPEATER

A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA)

The Dalton Board of Appeals shall be the SPGA for this bylaw.

STRUCTURALLY ABLE

The determination that a tower or structure is capable of carrying the load imposed by the proposed new antennas under all reasonably predictable conditions as determined by professional structural engineering analysis.

TELEPORT

A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmitting in the C-band (4-6 GHz) spectrum.

TOWER

A lattice structure or framework, or monopole, that is designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment.

The word "shall" or "will" indicate mandatory requirements; "may" is advisory and indicates recommendations, which are not mandatory.

§ 350-73 Exempted wireless telecommunications uses.

This bylaw specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch; amateur (ham) radio; citizens band radio; any existing commercial radio tower; and radio dispatch services for local businesses. No personal wireless service facility shall be considered exempt from this bylaw for any reason whether or not said facility is proposed to share a tower or other structure with such exempt uses.

§ 350-74 Independent consultants.

Upon submission of an application for a special permit under this bylaw, the SPGA shall hire independent consultants whose services shall be paid for by the applicant(s). These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields: 1) telecommunications engineering; 2) structural engineering; 3) monitoring of electromagnetic fields; 4) other consultants if determined necessary by the SPGA.

The SPGA shall select the independent consultant(s) after consultation with the Select Board, the Board of Health, the Planning Board, the Conservation Commission, and/or other Town departments which may propose a list of qualified candidates.

§ 350-75 Teleports prohibited.

There shall be no teleport(s) within the Town of Dalton.

§ 350-76 General application requirements.

No tower or personal wireless service facility shall be erected, constructed or installed without first obtaining a special permit from the SPGA. Application for a special permit may be made for: 1) new tower construction (or major modification of an existing tower); 2) personal wireless service facilities (or major modification of an existing facility) to be mounted on an existing tower or structure; or both, depending on the specific circumstances. If the applicant is applying for both permits, they shall be submitted and examined concurrently. The following additional information must also be submitted:

Adequate coverage, adequate capacity and justification of need:

(1)

The applicant shall provide written documentation of any facilities sites in Dalton and in abutting towns in which it has a legal or equitable interest, whether by ownership, leasehold or otherwise. From each such facility site, it shall demonstrate with written documentation that these facility sites are not already providing, or do not have the potential by adjusting the site, to provide adequate coverage and/or adequate capacity to the Town of Dalton. The documentation shall include, for each facility site listed, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas, antenna gain, height of antennas on tower or structure, output frequency, number of channels, power input and maximum output per channel. Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output shall be specified. Radial plots from each of these facility sites, as they exist, and with adjustments as above, shall be provided as part of the application.

(2)

The applicant shall demonstrate with written documentation that they have examined all facility sites located in the Town of Dalton and in abutting towns in which applicant has no legal or equitable interest, whether by ownership, leasehold or otherwise to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of Dalton. The documentation shall include, for each facility site examined, the exact location (in longitude and latitude, to degrees, minutes and seconds), ground elevation, height of tower or structure, type of antennas proposed, proposed antenna gain, height of proposed antennas on tower or structure, proposed output frequency, proposed number of channels, proposed power input and proposed maximum power output per channel. Radial plots from each of these facility sites, as proposed, shall be provided as part of the application.

(3)

The applicant shall demonstrate with written documentation that they have analyzed the feasibility of repeaters in conjunction with all facility sites to provide adequate coverage and/or adequate capacity to the Town of Dalton. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.

Required documentation:

(1)

Copies of all submittals and showings pertaining to: FCC licensing; environmental impact statements; FAA notice of construction or alteration; aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.

(2)

Copies of all information submitted in compliance with requirements of Massachusetts Department of Public Health, 105 CMR 122, Fixed Facilities Which Generate Electromagnetic Fields in the Frequency Range of 300 KHz to 100 GHz and Microwave Ovens, or any revisions thereof as the Department of Public Health may, by written notice, create.

(3)

The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized.

(4)

The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notices, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant.

(5)

The name, address, phone number and written consent to apply for this permit, of the owner of the property on which the proposed tower shall be located, or of the owner(s) of the tower or structure on which the proposed facility shall be located.

(6)

Details of proposed method of finance surety as required by the SPGA.

(7)

Required plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. (Note: Survey plans should also be stamped and signed by a professional land surveyor registered in Massachusetts.) Plans shall be on sheets 24 inches by 36 inches, on as many sheets as necessary, and at scales which are no smaller (i.e., no less precise) than specified below, with each plan sheet containing a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s), and original seal and signature of the P.E. and other professionals who prepared the plan.

§ 350-77 Application requirements for new tower construction or major modification of existing tower special permit.

The applicant shall provide a written, irrevocable commitment valid for the duration of the existence of the tower, to rent or lease available space for co-location on the tower at fair-market prices and terms, without discrimination to other personal wireless service providers.

If the applicant is not simultaneously applying for a personal wireless service facilities special permit, the applicant shall provide a copy of an existing lease, contract or letter of intent with a personal wireless service provider. A tower construction special permit shall not be granted for a tower to be built on speculation.

The following plans and maps:

(1)

Location map: copy of a portion of the most recent USGS quadrangle map, at a scale of 1:25,000, and showing the area within at least two miles from the proposed tower site, indicating the tower location and the exact latitude and longitude (degrees, minutes and seconds).

(2)

Vicinity map: at a scale of one inch equals 200 feet (1:2,400) with contour intervals no greater than 10 feet (three meters) showing the entire vicinity within a two-thousand-foot radius of the tower site, including the topography, public and private roads and driveways, buildings and structures, bodies of water, wetlands, landscape features, historic sites, habitats for endangered species, and indicating the property lines of the proposed tower site parcel as well as the names of all abutters and abutters to all abutters within 300 feet of the tower site parcel (from Assessors maps or available surveys). Also, indicate any access easement(s) or right(s) of way needed for access from a public way to the tower, and the names of all abutters or property owners along the access easement or who have deeded rights to the easement.

(3)

Existing conditions plan: a recent survey of the tower site at a scale no smaller than one inch equals 40 feet (1:480 or metric equivalent 1:500) with topography drawn with minimum contour intervals of two feet (0.6 meter), showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines, wooded areas, individual trees with diameters greater than 18 inches within a two-hundred-foot radius from the base of the proposed tower (labeled with their current heights). Show the boundary of any wetlands or floodplains or watercourses within 200 feet from the tower or any related facilities or access ways or appurtenances. The survey plan must have been completed by a Massachusetts licensed professional land surveyor within two years prior to the application date.

(4)

Proposed site plans: proposed facility site layout, grading and utilities at the same scales or larger than the existing conditions plan.

(a)

Propose tower location and any appurtenances, including supports and guy wires, if any, and any accessory building (communication equipment shelter or other). Indicate property boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements.

(b)

Indicate proposed spot elevations at the base of the proposed tower and at the base of any guy wires, and the corners of all appurtenant structures.

(c)

Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or above ground.

(d)

Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration.

(e)

Any direct or indirect wetlands alteration proposed.

(f)

Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation both during construction and as a permanent measure.

(g)

Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, etc.; any exterior lighting or signs.

(h)

Plans of proposed access driveway or roadway and parking area at the tower site. Include grading, drainage, and traveled width. Include a cross section of the access drive indicating the width, depth of gravel, and paving of surface materials.

(5)

Proposed tower and appurtenances plan:

(a)

Plans elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

(b)

Two cross sections through proposed tower drawn at right angles to each other, and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Dimension the proposed height of tower above average grade at tower base. Show all proposed antennas, including their location on the tower.

(c)

Details of proposed tower foundation, including cross sections and details. Show all ground attachments, specifications for anchor bolts and other anchoring hardware.

(d)

Detail proposed exterior finish of the tower.

(e)

Indicate relative height of the tower to the tops of surrounding trees as they presently exist, and the height to which they are expected to grow in 10 years.

(f)

Illustration of the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands.

(g)

A structural professional engineer's written description of the proposed tower structure and its capacity to support additional antennas or other communications facilities at different heights and the ability of the tower to be shortened if future communications facilities no longer require the original height.

(h)

A description of available space on the tower, providing illustrations and examples of the type and number of personal wireless service facilities which can be mounted on the structure.

(6)

Proposed communications equipment shelter plan:

(a)

Floor plans, elevations and cross sections at a scale of no smaller than 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.

(b)

Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

(7)

Site lines plan:

(a)

A minimum of eight view lines in a zero to two mile radius from the site, shown beginning at True North and continuing clockwise at forty-five-degree intervals.

(b)

A plan map of a circle of two miles radius of the facility site in which any visibility of the proposed tower from a public way shall be indicated.

(c)

The applicant shall utilize the USGS quadrangle map, at a scale of 1:25,000, and submit profile drawings on a horizontal scale of one inch equals 400 feet with a vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.

(8)

Balloon test: Within 35 days of submitting an application, applicant shall arrange to fly, or raise upon a temporary mast, a three-foot diameter brightly colored balloon at the maximum height and at the location of the proposed tower. The dates, (including a second date, in case of poor visibility on the initial date) times and location of this balloon test shall be advertised by the applicant at seven and 14 days in advance of the first test date, in a newspaper with a general circulation in the Town of Dalton. The applicant shall inform the SPGA and the Select Board, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least four consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of the dates chosen.

§ 350-78 Application requirements for new personal wireless service facility, major modification of existing facility, or a personal wireless service facility special permit.

Required plans and maps:

(1)

Location map: copy of a portion of the most recent USGS quadrangle map, at a scale of 1:25,000, and showing the area within at least two miles from the proposed facility site. Indicate the location of the proposed personal wireless service facility, or the facility undergoing major modification, and the exact latitude and longitude (degrees, minutes and seconds).

(2)

Proposed facility plan: a recent survey of the facility site at a scale no smaller than one inch equals 40 feet (1:480 or metric equivalent 1:500) showing:

(a)

Horizontal and radial distances of antenna(s) to nearest point on property line.

(b)

Horizontal and radial distances of antenna(s) to nearest dwelling.

(c)

(d)

Any changes to be made to the existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking, or other infrastructure as a result of this proposed modification of the facility.

(3)

Proposed communications equipment shelter:

(a)

Floor plans, elevations and cross sections at a scale of no smaller than 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.

(b)

Representative elevation views indicating the roof, facades, doors and other exterior appearance and materials.

(4)

Proposed equipment plan:

(a)

Plans, elevations, sections and details at appropriate scales but no smaller than one inch equals 10 feet.

(b)

Number of antennas and repeaters, as well as the exact locations, of antenna(s) and all repeaters (if any) located on a map as well as by degrees, minutes and seconds of latitude and longitude.

(c)

Mounting locations on tower or structure, including height above ground.

(d)

Antenna type(s), manufacturer(s), model number(s).

(e)

For each antenna, the antenna gain and antenna radiation pattern.

(f)

Number of channels per antenna, projected and maximum.

(g)

Power input to the antenna(s).

(h)

Power output, in normal use and at maximum output, for each antenna and all antennas as an aggregate.

(i)

Output frequency of the transmitter(s).

§ 350-79 General requirements.

New towers shall be located at least the height of the tower plus 50 feet from all boundaries of the site on which the tower is located except in business or industrial zoned areas.

If the facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees may be required to be retained for at least 50 feet in width around the entire perimeter except where the access drive is located. The applicant shall obtain a financial surety to cover the cost of the remediation of any damage to the landscape which occurs during the clearing of the site.

The area around the tower and communication equipment shelter(s) shall be completely fenced for security to a height of six feet and gated. Use of razor wire is not permitted. A sign no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, no-trespassing or other warning signs may be posted on the fence.

Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.

New towers shall not exceed the minimum height necessary to provide adequate coverage for the personal wireless service facilities proposed for use on the tower. The applicant may submit a request for additional height to accommodate future sharing, and shall provide design information to justify such additional height.

Tower finish: New tower(s) shall have a galvanized finish unless otherwise required. The SPGA may require the tower(s) to be painted or otherwise camouflaged to minimize the adverse visual impact.

Tower(s) must be of a type which will maximize potential sharing. Lattice-type structures are preferred, but where a monopole is requested, the applicant must demonstrate the future utility of such structure for expansion of service for the applicant and other future applicants.

The use of repeaters to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged. An applicant who has received a personal wireless service facility special permit under this article, may, with at least 30 days written notice to the SPGA, the Board of Health, Conservation Commission, Building Inspector and Town Clerk, install one or more additional repeaters by right. Site plan review before the SPGA shall be required. The SPGA shall publish written notice of the public meeting date at least 14 days in advance. Applicants shall detail the number, location, power output, and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.

If primary coverage (greater than 50%) from proposed personal wireless service facility is outside Dalton, then the permit may be denied unless the applicant can show that they are unable to locate within the Town which is primarily receiving service from the proposed facility.

Commercial advertising shall not be allowed on any antenna, tower, or accessory building or communication equipment shelter.

Unless required by the Federal Aviation Administration, no night lighting of towers, or the personal wireless service facility, is permitted except for manually operated emergency lights for use when operating personnel are on site.

No tower or personal wireless service facility that would be classified as a hazard to air navigation, as defined by the Federal Aviation regulations (Title 14 CFR) is permitted.

No tower or personal wireless service facility in an area zoned for residential use (with the exception of repeaters) shall be located:

(1)

Closer than 1,500 feet, on a horizontal plane, to any structure, existing at the time of application, which is, or is able to be, occupied or habitable, on the property of any school (both public and private).

(2)

Closer than 750 feet, on a horizontal plane, to an existing dwelling unit, or, day-care center, hospital, nursing home, church, synagogue or other place of worship.

No tower or personal wireless service facility or repeater shall be located closer than 50 feet to an existing dwelling, nor less than 25 feet above ground.

No tower or personal wireless service facility or repeater shall be located within any of the following areas.

(1)

Massachusetts or federally regulated wetland;

(2)

A Massachusetts certified vernal pool;

(3)

The habitat of any state-listed rare or endangered wildlife or rare plant species;

(4)

Within 100 feet horizontally from any Massachusetts regulated wetland;

(5)

Within 200 feet horizontally of the Outer Riparian Zone measured horizontally from any river or perennial stream;

(6)

Within 500 feet horizontally from any Historic District or property listed or eligible to be listed on the state or Federal Register of Historic Places;

(7)

Within 500 feet horizontally from any archaeological site.

§ 350-80 Evaluation by independent consultants.

Upon submission of a complete application for a special permit under this article, the SPGA shall provide its independent consultant(s) with the full application for their analysis and review. Applicants for any special permit under this article shall obtain permission from the owner(s) of the proposed property(ies) or facilities site(s) for the Town's independent consultant(s) to conduct any necessary site visit(s).

§ 350-81 Approval criteria.

In acting on the special permit application, the SPGA shall proceed in accordance with the procedures and timelines established for special permits in Article XI of the Town of Dalton Zoning Bylaws.[1]

In addition to the findings required by Article XI of the Town of Dalton Zoning Bylaws, the SPGA shall (in consultation with the independent consultant(s) make all the following applicable findings before granting the special permit:

(1)

That applicant is not already providing adequate coverage and/or adequate capacity to the Town of Dalton; and

(2)

That applicant is not able to use existing towers/facility sites either with or without the use of repeaters to provide adequate coverage and/or adequate capacity to the Town of Dalton; and

(3)

That the applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers; and

(4)

That proposed personal wireless service facility or tower will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources; and

(5)

That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities; and

(6)

That the proposal shall comply with FCC Reg. 96-326 regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant.

Any decision by the SPGA to deny an application for a special permit under this bylaw shall be in writing and supported by substantial evidence contained in a written record.

[1]

Editor's Note: This Chapter 350, Zoning.

§ 350-82 Monitoring and evaluation of compliance.

Pre-testing: After the granting of a special permit and before the applicant's personal wireless service facilities begin transmission, the applicant shall pay for an independent consultant, hired by the Town, to monitor the background levels of EMF radiation around the proposed facility site and/or any repeater locations to be utilized for the applicant's personal wireless service facilities. The independent consultant shall use monitoring protocol. A report of monitoring results shall be prepared by the independent consultant and submitted to the SPGA, the Building Inspector, the Town Clerk, and the applicant.

Post-testing: After transmission begins, the owner(s) of any personal wireless service facility(ies) located on any facility site shall pay for an independent consultant, hired by the Town, to conduct testing and monitoring of EMF radiation emitted from said site, and to report results of said monitoring, as follows:

(1)

There shall be routine annual monitoring of emissions by the independent consultant using actual field measurement of radiation, utilizing the monitoring protocol. This monitoring shall measure levels of EMF radiation from the facility site's primary antennas as well as from repeaters (if any). A report of the monitoring results shall be prepared by the independent consultant and submitted to the SPGA, the Building Inspector, the Town Clerk, and the applicant.

(2)

Any major modification of existing facility, or the activation of any additional permitted channels, shall require new pre-testing and post-testing monitoring and evaluation.

Excessive emissions: Should the monitoring of a facility site reveal that the site exceeds the FCC 96-326 standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the SPGA and the Building Inspector a plan for reduction of emissions to a level that complies with the FCC 96-326 standard within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in the Town of Dalton Zoning Bylaw. Such fines shall be payable by the owner(s) of the facilities with antennas on the facility site, until compliance is achieved. The SPGA may revoke the applicant's permit and take any action necessary to cease the excessive emissions after 30 days of notification of noncompliance.

Structural inspection: tower owner(s) shall pay for an independent consultant (a licensed professional structural engineer), hired by the Town, to conduct inspections of the tower's structural integrity and safety. Guyed towers shall be inspected every three years. Monopoles and nonguyed lattice towers shall be inspected every five years. A report of the inspection results shall be prepared by the independent consultant and submitted to the SPGA, the Building Inspector, the applicant, and the Town Clerk. Any major modification of existing facility, which includes changes to tower dimensions, or antenna numbers or type, shall require new structural inspection.

Unsafe structure: Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of an unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan, and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to penalties and fines as specified in the Town of Dalton Zoning Bylaw. Such fines shall be payable by the owner(s) of the tower, until compliance is achieved. The SPGA may revoke the applicant's permit and take any action necessary to correct unsafe conditions, at the owner's expense, after 30 days of notification of noncompliance.

§ 350-83 Removal requirements.

Any personal wireless service facility, which ceases to operate for a period of one year, shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility site shall be remediated such that all personal wireless service facility improvements, which have ceased to operate, are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed. The tower foundation shall be removed to at lease one foot below finish grade, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. The applicant shall, as a condition of the special permit, provide a financial surety, or other form of financial guarantee payable to the Town of Dalton and acceptable to the SPGA, to cover the cost of removal of the personal wireless service facility and the remediation of the landscape, should the facility cease to operate.

§ 350-84 Fees and insurance.

Towers and personal wireless service facilities shall be insured by the owner(s) against damage to persons or property in an amount deemed adequate by the SPGA. The owner(s) shall provide a certificate of insurance to the SPGA office on an annual basis in which the Town of Dalton shall be an additional named insured.

A fee for towers and personal wireless service facilities permitting and renewal, any monitoring of emissions, and any inspection of structures shall be paid by the owners of the facility as provided for in the Town of Dalton Zoning Bylaws.

§ 350-85 Severability.

The invalidity of any section or provisions of this article shall not invalidate any other section or provision thereof.