Ashland City Zoning Code
SECTION 6
0 SPECIAL REGULATIONS
6.1
ADULT ENTERTAINMENT USES
6.1.1
Purpose. The intent and purpose of this section is to better serve Town interests to prevent the grouping and/or concentration of adult entertainment establishments as defined in Section 10 pursuant to Sections 9 and 9A of G.L. Chapter 40A. It has been documented that Adult Entertainment uses are distinguishable from other business uses because the location of these uses degrade the quality of life in the areas of the community in which they are located, with impacts including increased levels of crime, blight and late hours of operation resulting in noise and traffic. These detrimental effects are deemed to run counter to effective land use planning. The Town has great interest in preserving and protecting the quality of its residential neighborhoods, and quality of life expectancy of its citizens.
6.1.2
Standards. A special permit shall be required for the establishment of Adult Bookstores, Adult Video Stores, Adult Paraphernalia Stores, Adult Motion Picture Theaters and Adult Live Nudity Establishments as so defined in Section 10 pursuant to the following conditions:
1.
Adult entertainment use locations shall be separated from any zoning district serving residentially zoned parcels, public and private schools, public libraries, child day care facilities, religious facilities, public/private playgrounds, parks and recreational areas for a distance not less than five hundred (500) feet from all property lines of the proposed Adult Entertainment location. A minimum of eight hundred (800) feet distance shall be maintained from any other Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater or Adult Live Nudity Establishment use or from any other establishment licensed under provisions of G.L. Chapter 138, Section 12, measured from the aforesaid property lines.
2.
No pictures, signs, publications, videotapes, movies, covers or other implements, items or advertising that falls within the definition of Adult Bookstore, Adult Video Store, Adult Paraphernalia Store, Adult Motion Picture Theater or Adult Live Nudity Establishment, merchandise or which are exotic, prurient or related to violence, sadism or sexual exploitation shall be displayed in the windows of, or on the building of, any such establishment or be visible to the public from any pedestrian sidewalks or walkways or from other areas, public or semipublic, outside such establishments.
6.1.3
Existing Adult Entertainment Establishments. All existing Adult Bookstores, Adult Video Stores, Adult Paraphernalia Stores, Adult Motion Picture Theaters and Adult Live Nudity Establishments shall apply for such special permit within ninety (90) days following the adoption of this Section by the Town.
6.2
MOTOR VEHICLE SERVICES
6.2.1
Location Requirements. Motor vehicle service stations shall be granted a special permit only in conformity with the following and with Section 5.7.
1.
No location shall be approved if a vehicular entrance or exit will be so located as to create unusual hazard. Egressing vehicles shall have at least four hundred (400) feet of visibility in each travel direction, and no vehicular entrance or exit shall be located within ten (10) feet of a side lot line or within fifty (50) feet of the intersection of side lines of intersecting streets. Entrances and exits shall occupy not more than forty percent (40%) of lot frontage and shall be clearly channeled through use of curbed planting areas or similar devices.
2.
No location shall be approved if a vehicular entrance or exit will be so located as to cross a major pedestrian flow, such as on sidewalks servicing churches, schools, recreation areas or compact retail districts.
6.2.2
Queues. There shall be adequate space off-street for not fewer than two (2) cars to await service per filling station, and no service building or pumps shall be located within forty (40) feet of a street line.
6.2.3
Car Wash Requirements. Automatic car washes shall provide space for not fewer than fifteen (15) cars per washing lane to queue off-street and, where wastewater does not discharge directly into a public sewer, shall provide positive means of preventing water pollution and ensure against wastewater drainage off the lot.
6.3
DRIVEWAYS
1.
General. For the purpose of promoting the safety of the residents of the Town, an application for a building permit for a residential structure shall include a plan, at a scale of 1" = 100 ft., showing the driveway serving the premises, and showing existing and proposed topography at 10 foot or 3 meter contour intervals. All driveways shall be constructed in a manner ensuring reasonable and safe access from the public way serving the premises to within a distance of 100 feet or less from the building site of the residential structure on the premises, for all vehicles, including, but not limited to, emergency, fire, and police vehicles. The Building Inspector shall not issue a building permit for the principal structure on the premises unless all of the following conditions have been met:
2.
Location. Wherever possible, a driveway shall not be located within five (5) feet of any side or rear lot line excluding cluster development lots.
3.
Grade. The grade of each driveway where it intersects with the public way shall not exceed six percent (6%) for a distance of 20 feet from the travel surface of the public way unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles. Cluster development lots are excluded.
4.
Access. Driveways serving the premises shall provide access through the required frontage of the serviced lot with the following exceptions:
1.
Access can be provided to the serviced lot from adjacent property when easements or other appropriate legal devices over said adjacent property are in place and recorded at the registry of Deeds. Nothing herein shall be construed to exclude the frontage requirement.
5.
Common Driveways. Common driveways serving not more than two (2) lots may be allowed on special permit by the Planning Board. A common driveway must satisfy all of the conditions in this Section, as well as all of the following conditions:
1.
The center line intersection with the street center line shall not be less than 45 degrees;
2.
A minimum cleared width of 12 feet shall be maintained over its entire length of the common driveway;
3.
Proposed documents shall be submitted to the Planning Board demonstrating that, through easements, restrictive covenants, or other appropriate legal devices, the maintenance, repair, snow removal, and liability for the common driveway shall remain perpetually the responsibility of the private parties, or their successors-in-interest.
6.4
[1] WIRELESS COMMUNICATIONS FACILITIES.
[Amended 11-29-2010 STM, Art. 15; 11-19-2013 STM, Art. 22]
6.4.1
Purpose and Intent. This Section is designed to provide guidance for the installation of new towers, antennas and other communication structures for all types of Wireless Communications Facilities (WCF) within the Town of Ashland or for the replacement, expansion, upgrade or modification of said equipment. The Bylaw will establish standards to protect the interests of the general public, provide for public safety, preserve character and property values, and minimize visual and environmental impacts throughout the town as well as adjacent towns and especially on Residential Districts. The Bylaw enables the review and approval of Wireless Communications Facilities by the Town's Planning Board, acting as the Special Permit Granting Authority, in keeping with the Town's existing bylaws and historic development patterns, including the size and spacing of structures and open spaces. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, including historic district regulations, site plan review and other local bylaws designed to preserve the character of the town, preserve quality of life, and encourage appropriate land use, environmental protection, and provision of adequate infrastructure development in Ashland.
6.4.2
District Regulations.
1.
New or modified WCFs in Ashland's zoning districts shall require a special permit from the SPGA. These include ground mounts, building (roof or side) mounts, and WCFs mounted on other existing structures. These also include replacement, expansion, upgrade, modification, or significant change in appearance of a WCF such as an extension in height or width; addition of cells, antennae, or panels; upgrade of technology; or a new replacement of a facility. The Applicant shall submit documentation of the legal right, physical need, and structural capacity to install and/or use the proposed facility mount at the time of application of the special permit.
2.
In commercial and industrial zoning districts, WCFs are allowed in all areas, subject to the exceptions listed below.
3.
In residential zoning districts, WCFs are not allowed in any areas unless the Applicant can show that the proposed location is necessary to close a significant gap in wireless service AND no feasible alternative, location, or technology exists, subject to the exceptions listed below.
4.
Under no conditions will the SPGA allow a new or modified WCF located:
5.
Notwithstanding any of these regulations, the Town encourages co-location on existing structures, including but not limited to existing WCFs, buildings, water towers, utility poles and towers, and related facilities, provided such installations preserve the character and integrity of those structures. In particular Applicants are urged to consider use of existing telephone and electric utility structures.
6.
WCFs on existing structures shall:
a.
Not extend the height of the existing structure unless the structure meets all requirements of this Bylaw;
b.
not project above the existing structure by more than ten feet;
c.
be finished in a manner designed to be aesthetically consistent with the exterior finish of the structure;
d.
be mounted so that it does not obscure any window or other exterior architectural feature; and
e.
not exceed fifty (50) square feet of front surface facing surrounding streets and adjacent properties, individually or in aggregate. In reviewing an application the SPGA may increase this surface if it finds that a substantially better design will result from such increase. In making such a finding the SPGA shall consider both the visual and safety impacts of the proposed use.
7.
WCFs in new locations shall:
a.
be allowed only if the Applicant has definitively demonstrated that there are no feasible existing structures upon which to locate;
b.
be camouflaged to the greatest extent possible, including but not limited to the use of compatible building materials and colors, screening, and landscaping; and
c.
include a "fall zone" equal to 150% of the height of the facility/ mount, including any antennae or other appurtenances. Within this fall zone there shall be no habitable structure and the Applicant shall demonstrate control of the land (via lease or ownership) to prohibit future habitable construction. In reviewing an application the SPGA may reduce the required fall zone by as much as 50% of the required distance if it finds that a substantially better design will result from such reduction. In making such a finding the SPGA shall consider both the visual and safety impacts of the proposed use.
8.
All WCFs shall:
a.
be no higher than ten feet above the average height AGL of buildings, tree canopy, or other structures within 300 feet OR, if on an existing structure, ten feet above the height of the existing structure, whichever is higher;
b.
be no higher than ten feet above the height limit of the zoning district within which the WCF is located, unless the WCF is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure; and
c.
meet the setback requirements of the underlying zoning district.
6.4.3
Special Permit Regulations. All Wireless Communications Facilities shall comply with the Requirements and Performance Standards set forth in this section.
1.
The following types of wireless communications facilities are exempt from the Special Permit requirement of this bylaw and may be constructed, erected, installed, placed and/or used within the Town subject to the issuance of a building permit by the Building Commissioner:
a.
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that:
i.
the tower is not used or licensed for any commercial purpose;
ii.
the tower must have a cost or replacement value of less than $10,000.00;
iii.
if the tower is a free-standing device, such device shall be installed in the rear yard only, outside the setback; and
iv.
the tower must be removed if the use is discontinued for one (1) year.
c.
Satellite dishes less than 1 meter in diameter.
2.
The SPGA shall not grant a Special Permit for lattice towers and similar facilities requiring three (3) or more legs and/or guy wires for support. Only monopoles, with associated antenna and/or panels, are allowed.
3.
Any new free-standing towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten (10) year period) as technically practicable. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
4.
Design Standards.
a.
Site Design Standards.
i.
All wireless communications facilities shall minimize, to the extent feasible, adverse visual effects on the environment, the community and surrounding communities. The SPGA may impose reasonable conditions to ensure this result, including painting, screening and lighting standards.
ii.
Access shall be provided to a tower site by a roadway which respects the natural terrain, does not appear as a scar on the landscape and is approved by the SPGA, the SPGA and the Fire Chief to assure emergency access at all times. Consideration shall be given to design which minimizes erosion, construction on unstable soils and steep slopes.
iii.
There shall be a minimum of one (1) parking space for each WCF to be used in connection with the maintenance of the site, and not to be used for the permanent storage of vehicles or other equipment.
iv.
Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.
b.
Visibility/Camouflage. All WCFs shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the Town or Adjacent Towns shall be as limited as possible. All monopoles and dishes shall be painted or otherwise colored so as to blend in with the landscape or the structure on which they are located. A different color scheme shall be used to blend the structure with the landscape below and above the tree or building line.
Satellite dishes and/or antennae shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Free-standing dishes or antennae shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape. | |
Wireless Communications Facilities shall be camouflaged as follows: |
i.
Camouflage by Existing Buildings or Structures. When a Wireless Communications Facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette. Wireless Communications Facilities which are side mounted shall blend with the existing building's architecture and shall be painted or shielded with material which is consistent with the design features and materials of the building.
ii.
Camouflage by Vegetation. If Wireless Communications Facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted Wireless Communications Facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Existing on-site vegetation shall be preserved to the maximum extent practicable. The SPGA shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions.
iii.
Color. Wireless Communications Facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them. To the extent that any Wireless Communications Facilities extend above the height of the vegetation immediately surrounding it, they shall be painted in a light grey or light blue hue which blends with sky and clouds. The portion of a building-mounted WCF extending above the building shall be painted to blend with sky and clouds.
c.
Equipment Shelters. Where feasible, the equipment to relay the wireless transmission or to transfer the wireless transmissions to the phone system shall be located inside an existing structure. Otherwise, such equipment shall be located in a new structure in a location where the visual impact to the community and surrounding communities will be minimized. The SPGA may impose conditions on the siting and screening of such structure.
Equipment shelters for Wireless Communications Facilities shall be designed consistent with one of the following design standards: |
i.
Equipment shelters shall be located in underground vaults;
ii.
Equipment shelters shall be designed to be consistent with the architectural context, styles and materials, of the surrounding neighborhood as determined by the SPGA.
iii.
Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence. The SPGA shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
d.
Lighting and Signage:
i.
Wireless Communications Facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.
ii.
There shall be no signs, except for announcement signs, danger signs, "No Trespassing" signs and a required sign giving the telephone number where the owner may be reached on a twenty-four-hour (24-hr.) basis. All signs shall conform with the Town of Ashland Sign Bylaws.
e.
Historic Buildings and Districts:
i.
Any Wireless Communications Facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.
ii.
Any alteration made to an historic structure to accommodate a Wireless Communications Facility shall be fully reversible.
iii.
Wireless Communications Facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
f.
Scenic Landscapes and Vistas:
i.
Wireless Communications Facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above, all ground-mounted Wireless Communications Facilities which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.
ii.
Any Wireless Communications Facility that is located within 300 feet of a scenic vista, scenic landscape, or scenic road as designated by the town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from those elements, the height regulations described elsewhere in this bylaw will apply.
g.
Service Utilities. All utilities, which will service the proposed personal wireless service facility, shall be located below ground from the facility's property line.
h.
Environmental Standards:
i.
Wireless Communications Facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized and subject to approval of the Conservation Commission.
ii.
No hazardous waste shall be discharged on the site of any Wireless Communications Facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
iv.
Ground-mounted equipment for Wireless Communications Facilities shall not generate noise in excess of 50 db at the property line.
v.
Roof-mounted or side-mounted equipment for Wireless Communications Facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna.
i.
Safety Standards:
i.
Radiofrequency Radiation (RFR) Standards. All equipment proposed for a Wireless Communications Facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines), as well as the Massachusetts Department of Public Health standards with respect to emissions from wireless facilities.
ii.
All ground-mounted WCFs shall be surrounded by a security barrier. The security barrier shall be a minimum of eight (8) feet in height. All fencing, walls and gates shall be compatible with the context of the existing neighborhood and community as determined by the SPGA and the Building Inspector.
6.4.4
Application Procedures.
1.
All persons desiring to erect, replace, upgrade or modify a WCF shall apply for a Special Permit from the SPGA. As part of any application for a permit, applicants shall submit the information required for special permit approval as set forth herein and by the Town of Ashland.
2.
If the SPGA determines that independent review of the special permit is required, the Board will require the applicant to pay a review fee consisting of reasonable costs to be incurred by the Board for the employment of outside consultants pursuant to SPGA rules as authorized by G.L. c. 44, Section 53G.
3.
Fees for permits shall be established and amended periodically by the Special Permit Granting Authority.
4.
No application shall be accepted or acted upon until all the required information as set forth in this bylaw is provided by the applicant and all required fees are paid.
5.
The Building Commissioner or his agent shall perform a field inspection on all applications for a WCF prior to the hearing for the Special Permit. The results of the inspection shall become a permanent part of the applicant's file on a form prescribed by the Building Commissioner, and shall bear the date of inspection, comments and the signature of the inspecting officer.
6.
The SPGA may impose written conditions on the Special Permit.
7.
Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed Wireless Communications Facility in general terms and to clarify the filing requirements. The SPGA shall meet with an applicant under this regulation within twenty-one (21) days following a written request submitted to the SPGA and the Town Clerk. If the SPGA fails to meet with an applicant who has requested such a meeting within twenty-one (21) days of said request and said meeting has not been postponed due to mutual agreement, the applicant may proceed with a Special Permit application under this regulation without need for a pre-application conference.
8.
Pre-Application Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed Wireless Communications Facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design.
9.
Application Filing Requirements. Ten copies of the following shall be included with an application for a Special Permit for all Wireless Communications Facilities:
a.
General Filing Requirements:
i.
Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants.
ii.
Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the Wireless Communications Facility.
iii.
A licensed carrier shall either be an applicant or a co-applicant.
iv.
Original signatures for the applicant and all co-applicants applying for the Special Permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photoreproductions of signatures will not be accepted.
v.
The owner of the WCF shall provide to the Town a certificate of insurance on a Commercial General Liability (CGL) form. The CGL insurance must be on an occurrence basis and at a limit as established and as may be amended from time to time by the Town of Ashland.
b.
Location Filing Requirements:
i.
Identify the subject property by including the Town as well as the name of the locality, name of the nearest road or roads, and street address, if any.
ii.
Tax map and parcel number of subject property.
iii.
Zoning district designation for the subject parcel (Submit copy of Town zoning map with parcel identified).
iv.
A line map to scale showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
v.
A town-wide map showing the other existing Wireless Communications Facilities in the Town and outside the Town within one mile of its corporate limits.
vi.
The proposed locations of all existing and future Wireless Communications Facilities in the Town on a Town-wide map for this carrier.
c.
Plan Filing Requirement. A one-inch-equals-40 feet vicinity plan showing the following:
i.
Property lines for the subject property.
ii.
Property lines of all properties adjacent to the subject property within 300 feet.
iii.
Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.
iv.
Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet.
v.
Proposed location of antenna, mount and equipment shelter(s).
vi.
Proposed security barrier, indicating type and extent as well as point of controlled entry.
vii.
Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the Wireless Communications Facility.
viii.
Distances, at grade, from the proposed Wireless Communications Facility to each building on the vicinity plan.
ix.
Contours at each two feet above mean sea level for the subject property and adjacent properties within 300 feet.
x.
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
xi.
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the Wireless Communications Facility.
xii.
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from "Sight Lines" sub-section below.
d.
Sight Line Filing Requirement:
i.
Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the Wireless Communications Facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.
ii.
Existing (before condition) photographs. Each sight line shall be illustrated by one eight by ten inch color photograph of what can currently be seen from any public road within 300 feet.
iii.
Proposed (after condition). Each of the existing condition photographs shall have the proposed Wireless Communications Facility superimposed on it to show what will be seen from public roads if the proposed Wireless Communications Facility is built.
e.
Elevations Filing Requirement. Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed Wireless Communications Facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
i.
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
ii.
Security barrier. If the security barrier will block views of the Wireless Communications Facility, the barrier drawing shall be cut away to show the view behind the barrier.
iii.
Any and all structures on the subject property.
iv.
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, as well as estimated height and breadth in five (5) years, with approximate elevations dimensioned.
v.
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
f.
Design Filing Requirements:
i.
Equipment brochures for the proposed Wireless Communications Facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
ii.
Materials of the proposed Wireless Communications Facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
Colors of the proposed Wireless Communications Facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any. | |
Dimensions of the Wireless Communications Facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any. |
iii.
Appearance shown by at least two photographic superimpositions of the Wireless Communications Facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
iv.
Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
v.
Specifications for construction, lighting and wiring in accordance with State and National building codes, including a description of the capacity of the WCF, including the number and types of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations. Describe the technical, economic and other reasons for the tower design, and the need for the tower at the proposed location.
vi.
A statement of the services to be supported by the proposed communications structure;
vii.
Describe the wireless telecommunications provider's master antenna plan, including detailed maps, showing the precise locations, characteristics of all antennas and towers and indicating coverage areas for current and future antennas and towers;
viii.
Evidence, if applicant is sole user of a structure, that all possible means of co-location for multiple use of antennae elsewhere have been exhausted.
ix.
If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed.
x.
Demonstrate that the tower and facilities comply with this regulation.
xi.
The SPGA may require the applicant to perform an on-site demonstration of the visibility of the proposed tower by means of a crane with a mock antenna array raised to the maximum height of the proposed tower. A colored 4' minimum diameter weather balloon held in place at the proposed site and maximum height of the tower may be substituted for the crane if approved by the SPGA. This demonstration shall take place after the application for Special Permit has been made, but prior to the close of the public hearing on said Special Permit and shall be maintained for a 10 hour period. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test. Failure, in the opinion of the SPGA, to adequately advertise this demonstration may be cause for the SPGA to require another, properly advertised demonstration.
g.
Noise Filing Requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed Wireless Communications Facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:
i.
Existing, or ambient: the measurements of existing noise.
ii.
Existing plus proposed Wireless Communications Facilities: maximum estimate of noise from the proposed Wireless Communications Facility plus the existing noise environment.
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards of this Bylaw. |
h.
Radiofrequency Radiation (RFR) Filing Requirements. Massachusetts Department of Public Health regulation 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions. Applicant must submit a copy of the approval letter from the Massachusetts Department of Public Health prior to project approval as part of their application package.
The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed Wireless Communications Facility, for the following situations: |
i.
Existing, or ambient: the measurements of existing RFR.
ii.
Existing plus proposed Wireless Communications Facilities: maximum estimate of RFR from the proposed Wireless Communications Facility plus the existing RFR environment.
iii.
Certification signed by a RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards sub-section of this Bylaw.
i.
Federal Environmental Filing Requirements. The National Environmental Policy Act (NEPA) applies to all applications for Wireless Communications Facilities. NEPA is administered by the FCC via procedures adopted as Subpart I, Section 1.1301 et seq. (47 CRF Ch. I). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any Wireless Communications Facility proposed in or involving any of the following:
i.
Wilderness areas.
ii.
Wildlife preserves.
iii.
Endangered species habitat.
iv.
Historical site.
v.
Indian religious site.
vi.
Flood plain.
vii.
Wetlands.
viii.
High intensity white lights in residential neighborhoods.
ix.
Excessive radiofrequency radiation exposure.
At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each Wireless Communications Facility site that requires such an EA to be submitted to the FCC. |
The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the Wireless Communications Facility that are considered hazardous by the federal, state or local government. |
j.
The Special Permit Granting Authority may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed Wireless Communications Facility.
k.
Application Processing Requirements:
i.
When submitting an application to the SPGA the Applicant shall provide a copy to the Select Board and submit proof of submission to the SPGA.
[Amended 11-20-2019 STM, Art. 14]
ii.
Within 5 days of receipt of a complete WCF application, the SPGA shall submit a request for an Advisory Opinion from any Boards it deems appropriate.
iii.
Within 35 days of receipt of a complete WCF application, the SPGA shall request Advisory Opinion responses from those Boards. These responses shall be considered in the decision of the SPGA, at its discretion.
iv.
Within 65 days of receipt of a complete WCF application, the SPGA shall hold a Public Hearing.
v.
Within 90 days of receipt of a complete WCF application, the SPGA must issue a final decision, unless an extension is agreed to by the applicant.
vi.
The Applicant may request an extension of time for action on any application.
6.4.5
Co-location.
1.
Licensed carriers shall share Wireless Communications Facilities and sites where feasible and appropriate, thereby reducing the number of Wireless Communications Facilities that are stand-alone facilities. All applicants for a Special Permit for a Wireless Communications Facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
a.
A survey of all existing structures that may be feasible sites for co-locating Wireless Communications Facilities;
b.
Contact with all the other licensed carriers for commercial mobile radio services operating in the County; and
c.
Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
2.
In the event that co-location is found to be not feasible, a written statement of the reasons for the infeasibility shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a Special Permit to an applicant that has not demonstrated a good faith effort to provide for co-location.
3.
If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the Wireless Communications Facility at full build-out.
4.
If the SPGA approves co-location for a Wireless Communications Facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. The addition of any facilities shall require a new Special Permit.
Estimates of RFR emissions will be required for all facilities, including proposed and future facilities. |
6.4.6
Modifications. A modification of a Wireless Communications Facility may be considered equivalent to an application for a new Wireless Communications Facility and will require a Special Permit when the following events apply:
1.
The applicant and/or co-applicant wants to alter the terms of the Special Permit by changing the Wireless Communications Facility in one or more of the following ways:
2.
The applicant and/or co-applicant wants to add any equipment or additional height or width not specified in the original design filing.
6.4.7
Monitoring and Maintenance.
1.
After the Wireless Communications Facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the Special Permit, existing measurements of RFR emitted from the WCF in aggregate worst case conditions at 50' foot intervals from the WCF up to 1000' on an annual basis to the SPGA. The report will compare the measured results to the applicant's calculated worst case scenario provided with its original application, to previous annual measurements and to stated FCC limits. The report will be made available to the public on the town web site. If the RFR levels are higher than what was indicated in its application the applicant will be asked to provide details as to why the levels are higher and what will be done to lower RFR to the levels approved by the SPGA. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Standards section of this Bylaw. At the request of the SPGA, the applicant shall pay for an independent and qualified third party hired by the Town to measure and report on the levels of RFR.
2.
After the Wireless Communications Facility is operational, the applicant shall submit, within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, existing measurements of noise from the Wireless Communications Facility. Such measurements shall be signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards provisions of this Bylaw.
3.
The applicant and co-applicant shall maintain the Wireless Communications Facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas, landscaping and trash removal. Verification of maintenance and structural integrity by a certified structural engineer shall be required at the request of the Building Commissioner on a biannual basis.
4.
The WCF shall be subject to ongoing monitoring by the building commissioner with respect to adherence to all zoning ordinances and special permit conditions, including, but not limited to hours of operation, noise, lighting and on-site activity.
6.4.8
Abandonment or Discontinuation of Use.
1.
At such time that a licensed carrier plans to abandon or discontinue operation of a Wireless Communications Facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the Wireless Communications Facility shall be considered abandoned upon such discontinuation of operations. If more than one WCF is located on the same structure, the facility is not considered abandoned unless all carriers have discontinued operations. In that case, each carrier shall be responsible for physically removing only the equipment specific to that carrier, in accordance with the provisions of this Bylaw.
2.
Upon abandonment or discontinuation of use, the carrier shall physically remove the Wireless Communications Facility within 90 days from the date of abandonment or discontinuation of use, "Physically remove" shall include, but not be limited to:
a.
Removal of antennas, mount, equipment shelters and security barriers from the subject property.
b.
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
c.
Restoring the location of the Wireless Communications Facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
3.
If a carrier fails to remove a Wireless Communications Facility in accordance with this section of this Bylaw, the town shall have the authority to enter the subject property and physically remove the facility. The SPGA shall require a maintenance and removal guarantee bond for all wireless communications facilities subject to Special Permit under this Section in the event the Town must remove the facility. The Building Commissioner may also require such bond for facilities which are exempt from Special Permits.
6.4.9
Reconstruction or Replacement of Existing Towers and Monopoles. Modifications to pre-existing conforming WCFs shall comply with the requirements of this Bylaw. Modifications to pre-existing non-conforming WCFs shall meet the requirements of Section 3.3.3 of the Zoning Bylaw (Nonconforming Structures).
6.4.10
Independent Engineering Review. The Town may retain a technical expert to review any of the Special Permit submission requirements required in this Bylaw and for other technical review and advice as may be required during the Special Permit process and required by the conditions of the Special Permit. The cost for such a technical expert will be at the expense of the applicant.
6.4.11
Permit to Construct. Upon receipt of a Special Permit from the SPGA, and site plan approval from the SPGA, the applicant shall apply to the Building Commissioner for a permit to construct, upgrade, replace or modify a WCF and shall provide written evidence that all preconstruction conditions as may be a part of the Special Permit decision have been satisfied.
6.4.12
Term of Special Permit. A Special Permit issued for any Wireless Communications Facility over fifty (50) feet in height shall be valid for fifteen (15) years. At the end of that time period, the Wireless Communications Facility shall be removed by the carrier or a new Special Permit shall be required.
6.4.13
Fines And Penalties. Violations by the Applicant of above conditions, regulations, standards or restrictions, or violation of any conditions contained in the Special Permit or Site Plan decisions, may be subject to fines in the amount of $300 per day, at the discretion of the SPGA and the Building Commissioner.
[1]
Editor's Note: Former Section 6.4, Large Scale Photovoltaic Installations, added 5-5-2010 ATM, Art. 21, was repealed 11-19-2013 STM, Art. 18.
6.5
MEDICAL MARIJUANA DISPENSARY REQUIREMENTS
[Added 11-19-2013 STM, Art. 16]
6.5.1
Purpose.
The purpose of this section is to ensure that those entities permitted to operate a Medical Marijuana Dispensary, as defined at Section 10.0 herein, comply with all of the provisions of Chapter 369 of the Acts of 2012.
6.5.2
Special Permit and Special Permit Granting Authority
A Special Permit shall be required for the establishment of a Medical Marijuana Dispensary. For the purposes of this section, the Special Permit Granting Authority shall be the Planning Board.
6.5.3
Performance Standards
1.
No Medical Marijuana Dispensary shall be permitted within 750 feet of a public or private school, daycare facility, or playground, public park and public forest;
2.
The cultivation of medical marijuana within the Town of Ashland shall only occur on the same property as an establishment that sells and dispenses medical marijuana to a qualified patient or personal caregiver. A dispensary may operate without cultivation occurring on-site as long as the applicant can provide proof of an existing cultivation registration at another location;
3.
Cultivation and storage of medical marijuana shall be in a secure, enclosed, locked area. Medical marijuana shall not be visible from the street or other public areas;
4.
An applicant must demonstrate compliance with the application requirements for the Registration of Medical Marijuana Dispensaries as set forth in the regulations promulgated by the Massachusetts Department of Public Health (or referred to herein as "DPH");
5.
A Special Permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the Medical Marijuana Dispensary registration or license;
6.
In the event that the DPH revokes, fails or refuses to issue a license or registration, a special permit issued by the Town for the medical marijuana dispensary shall be deemed null and void;
7.
In the event that the DPH suspends the license or registration of a medical marijuana dispensary, the special permit shall be so suspended by the Town until the matter is resolved to the satisfaction of the DPH;
8.
The provisions of this Ordinance are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or application adjudged invalid. [Section 17 of Chapter 369 of the Acts of 2012].
6.5.4
Additional Criteria
In addition to the Performance Standards set forth herein, the provisions of Section 9.3 shall apply to Special Permit requests filed under this Section 6.5.