Submission requirements. An application for a special permit shall be filed with the Planning Board in accordance with § 218-2.3B and shall be accompanied by 15 copies of the following:

Between the date of the submittal of an application for a special permit for the placement, construction or modification of a personal wireless services facility and the date of the public hearing on the application, a balloon shall be put in place at the height of the proposed tower. The balloon shall be of a size and color that can be seen from every direction for a distance of one mile.

In accordance with the requirements of the 1996 Federal Telecommunications Act, an application for a special permit and site plan approval for the placement, construction or modification of a personal wireless services facility shall be granted upon a determination by the Planning Board that the applicable requirements of the Zoning Bylaw have been satisfied.

Any extension in height of an existing tower, expansion of a base station, or construction of a new or a replacement personal wireless services tower shall require the issuance of a new special permit under this chapter or an amendment to a special permit previously issued under this chapter.

Any eligible facilities request, defined in 47 U.S.C. § 1455(a) as a request for modification of an existing wireless tower or base station that involves: (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment; shall be subject to minor site plan review by the Land Use Director and Building Commissioner. [Refer to § 218-2.5C(1), Minor site plan review.]

Notwithstanding the requirements of § 218-6.2, a personal wireless services tower shall be setback from the property lines of the lot upon which it is to be located for a minimum distance that is at least equal to the height of the tower.

The required setback for a personal wireless services tower from designated wetlands, water bodies and areas with a slope in excess of 5% shall be at least 150 feet.

A personal wireless services tower shall be setback a minimum of at least 500 feet from all existing buildings.

Fencing shall be provided to control access to the base of a personal wireless services tower in order to prevent access to the tower. The fencing shall be compatible with the scenic character of the Town and shall not consist of barbed wire or razor wire.

Access to the site of a personal wireless services tower shall be provided via a way which respects the natural terrain, does not appear as a scar on the landscape and is approved by the Planning Board and the Fire Chief as adequate to ensure emergency vehicle access at all times.

The applicant shall demonstrate to the Planning Board's satisfaction that the location of the personal wireless services tower is suitable and that the size and height of the tower is the minimum necessary for the purpose.

The applicant shall demonstrate to the Planning Board's satisfaction that it has made a good faith effort to collocate the proposed tower upon an existing structure or facility.

Announcement signage shall be provided that indicates "No Trespassing" and "Danger" and a telephone number which shall provide twenty-four-hour access to the operator of the facility in the event of an emergency. Signage shall not be placed above a height of 10 feet and shall comply with all other signage requirements set forth under Chapter 196, Signs.

Accessory structures for a personal wireless services tower shall be limited to one structure per antenna or dish or other transmitting device, but shall not exceed 10 structures per tower. Accessory structures shall be constructed so as to share a common wall. No structure shall exceed 400 square feet in size and 10 feet in height. Each structure shall be of the same design and color as every other accessory structure.

Clearing of vegetation and trees at the site of a personal wireless services tower shall be performed in a manner which will maximize preservation of natural beauty and conservation of natural resources and which shall minimize marring and scarring of the landscape or silting of streams.

The applicant shall demonstrate to the Planning Board's satisfaction that the proposed personal wireless services tower is the minimum height necessary to accommodate the transmitter/receiver.

All personal wireless services towers shall be monopole in type unless this requirement is proven to the Planning Board's satisfaction to have the effect of prohibiting personal wireless services. In any event, no such tower shall exceed 120 feet in height unless it is proven to the Planning Board's satisfaction that a lesser height would have the effect of prohibiting personal wireless services.

In order to blend into the landscape and minimize the visual impact of a personal wireless services tower that rises above the tree line, the tower shall be finished in a manner acceptable to the Planning Board.

Night lighting of the personal wireless services tower (aside from security lighting at the base of a tower) shall be prohibited unless required by the Federal Aviation Administration. If lighting is required by the Federal Aviation Administration, then the lighting used shall be the minimum lighting required.

A personal wireless services tower shall be sited in such a manner that the view of the tower from other areas of the Town shall be as minimal as possible.

Collocation of personal wireless services facilities is encouraged. When technically not practical, any new personal wireless services facility shall be sited so that the resulting personal wireless services tower is separated from every other facility and tower so that if one tower falls, it will not strike another.

Every personal wireless services facility and tower shall be designed and constructed to accommodate the maximum number of uses technologically practical and wherever practical use may be made of existing suitable structures, such as water towers, as determined by the Planning Board. The type of attachment to the existing structure shall be compatible with the existing structure as determined by the Planning Board.

There shall be a minimum of one parking space for each personal wireless services tower to be used in connection with the maintenance of a personal wireless services tower and the facility; however, the Planning Board may require additional parking spaces depending upon the number of providers and antennas and dishes that are to use the facility. The site shall not be used for overnight or permanent storage of vehicles.

As a condition of any special permit for the placement, construction or modification of a personal wireless service facility, a carrier shall provide a bond, in a form acceptable to the Town, or shall place into escrow a sum of money sufficient to cover the costs of removing the facility from the subject property and, furthermore, said funds shall be held by an independent escrow agent to be appointed by the carrier and the Planning Board. The amount of the surety shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. The carrier shall authorize and, as necessary, shall provide the authorization of the owner of the property to allow the Town or the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued.

A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was constructed for a period of one year or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within 90 days. In the event that the carrier fails to remove the facility, the Town shall give notice to the carrier and, if appropriate, the independent escrow agent that the facility shall be removed forthwith, and the Town or the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility.

The special permit shall further state that, in the event the amount of the surety is insufficient to cover the costs of removal, the Town may place a lien upon the property to cover the difference in cost.

Annual certification shall be provided by the owner or operator of the personal wireless services facility to the Planning Board and the Building Inspector demonstrating continuing compliance with the standards of the Federal Communications Commission, the Federal Aviation Administration and the American National Standards Institute.