[Added 10-20-1997 STM by Art. 1]
The purposes of this Personal Wireless Service
Facilities and Towers Bylaw are to:
A.
Preserve the character and appearance of the Town
while simultaneously allowing adequate personal wireless services
to be developed.
B.
Protect the scenic, historic, environmental and natural
or man-made resources of the community.
C.
Provide standards and requirements for regulation,
placement, construction, monitoring, design, modification and removal
of personal wireless service facilities.
D.
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.
E.
Preserve property values.
F.
Minimize the total number and height of towers throughout
the community.
G.
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.
H.
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.
I.
Require tower sharing and the clustering of personal
wireless service facilities where possible.
These regulations are intended to be consistent
with the Telecommunications Act of 1996 in that:
A.
They do not prohibit or have the effect of prohibiting
the provision of personal wireless services;
B.
They are not intended to be used to unreasonably discriminate
among providers of functionally equivalent services;
C.
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.
A.
ACT
ADEQUATE COVERAGE
ADEQUATE CAPACITY
ANTENNA
AVAILABLE SPACE
BASE STATION
CHANNEL
COMMUNICATION EQUIPMENT SHELTER
DBM
ELECTROMAGNETICALLY ABLE
EMF
FACILITY SITE
FCC
GHZ (GIGAHERTZ)
GRADE OF SERVICE
HERTZ
MAJOR MODIFICATION OF AN EXISTING FACILITY
MHZ (MEGAHERTZ)
MONITORING
MONITORING PROTOCOL
MONOPOLE
PERSONAL WIRELESS SERVICE
PERSONAL WIRELESS SERVICE FACILITY
PERSONAL WIRELESS SERVICE PROVIDER
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS
REPEATER
SPECIAL PERMIT GRANTING AUTHORITY (SPGA)
STRUCTURALLY ABLE
TELEPORT
TOWER
As used in this personal wireless service facilities
article, the following terms shall have the meanings indicated:
The Telecommunications Act of 1996.
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.
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).
A device which is attached to a tower, or other structure
for transmitting and receiving electromagnetic waves.
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.
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.
The segment of the radiation spectrum from an antenna, which
carries one signal. An antenna may radiate on many channels simultaneously.
A structure at a base station designed principally to enclose
equipment used in connection with personal wireless service transmissions.
Unit of measure of the power level of an electromagnetic
signal expressed in decibels referenced to one milliwatt.
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.
Electromagnetic Frequency Radiation.
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.
Federal Communication Commission; the government agency responsible
for regulating telecommunications in the United States.
One billion hertz.
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.
One hertz is the frequency of an electric or magnetic field,
which reverses polarity once each second, or one cycle per second.
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.
One million hertz.
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.
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.
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.
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.
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.
An entity licensed by the FCC to provide personal wireless
services to individual or institutions.
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.
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.
The Dalton Board of Appeals shall be the SPGA for this bylaw.
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.
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.
A lattice structure or framework, or monopole, that is designed
to support personal wireless service transmission, receiving and/or
relaying antennas and/or equipment.
B.
The word "shall" or "will" indicate mandatory requirements;
"may" is advisory and indicates recommendations, which are not mandatory.
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.
A.
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.
B.
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.
There shall be no teleport(s) within the Town
of Dalton.
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:
A.
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.
B.
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.
A.
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.
B.
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.
C.
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:
(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.
A.
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)
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)
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:
(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).
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
Commercial advertising shall not be allowed on any
antenna, tower, or accessory building or communication equipment shelter.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
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).
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]
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
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.
A.
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.
B.
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.
The invalidity of any section or provisions
of this article shall not invalidate any other section or provision
thereof.