Hadley City Zoning Code
SECTION XIV
Wireless Communications Services District
§ 14.1 Purpose.
The purpose of this section is to establish a district in which wireless communications services may be provided with minimal harm to the public health, safety and general welfare. Specifically, the Wireless Communications Services District has been created to:
§ 14.2 Definitions.
[Amended 5-22-2021 ATM by Art. 3]
See § 1.2.
§ 14.3 Location.
[Amended 10-22-2009 STM by Art. 12]
The Wireless Communications Services District shall be located on all land owned by the Town of Hadley which is held in the care, custody, management and control of the Board of Selectmen and on all land located in the Local Business District, Business District and Industrial Districts. In all other districts of the Town, a wireless communications facility may be permitted, subject to the provisions of § 14.6, on buildings or structures in existence on May 1, 1997. The Wireless Communications Services District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
§ 14.4 Submittal requirements.
As part of any application for a permit, applicants shall submit, as a minimum, the information required for commercial site plan approval, as set forth herein at Section VIII, as may be amended. Applicants shall also describe the capacity of the tower, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity, and any accessory structures. All calculations shall be certified by, and bear the stamp or seal of, a professional engineer licensed in Massachusetts.
§ 14.5 Use restrictions - wireless communications towers.
A wireless communications tower (including antennas and accessory structures, if any) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the Planning Board pursuant to Section VI, subject to site plan approval as set forth herein at Section VIII, as may be amended (without exemption due to size of structure), and subject to all of the following conditions:
14.5.1.
To the extent feasible, all service providers shall co-locate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practicable.
14.5.2.
New towers shall be considered only upon a finding by the Planning Board that existing or approved towers cannot accommodate the wireless communications equipment planned for the proposed tower.
14.5.3.
In no event shall any such tower be located closer than two miles to any other such tower.
14.5.4.
Tower height shall not exceed 55 feet above the existing terrain.
14.5.5.
A tower shall not be erected nearer to any property line, existing building or way (public or private) than a distance equal to twice the vertical height of the tower (inclusive of any appurtenant devices), measured at the mean finished grade of the tower base.
14.5.6.
No more than one such tower is permitted per lot.
14.5.7.
Accessory structures housing support equipment for towers shall not exceed 400 square feet in size and 15 feet in height and shall be subject to site plan approval.
14.5.8.
To the extent feasible, all network interconnections from the communications site shall be via land lines.
14.5.9.
Existing on-site vegetation shall be preserved to the maximum extent practicable.
14.5.10.
The tower shall minimize, to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting and lighting standards.
14.5.11.
Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.
14.5.12.
Applicants proposing to erect wireless communications towers, accessory facilities and structures on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Hadley to conduct wireless communications services on municipally owned property.
14.5.13.
Any proposed extension in the height, addition of cells, antennas or panels, construction of a new facility, or replacement of a facility shall be the subject of a new application for an amendment to the special permit.
§ 14.6 Use restrictions - wireless communications facility.
A wireless communications facility (other than a wireless communications tower) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the Planning Board pursuant to Section VI, subject to site plan approval as set forth herein at Section VIII, as may be amended (without exemption due to size of structure), and subject to all of the following conditions:
14.6.1.
Installations on existing buildings or structures shall be camouflaged or screened and designed to be harmonious and architecturally compatible with the building or structure. Any equipment associated with the facility shall be located within the building or structure to the extent possible.
14.6.2.
No facility shall project more than five feet above the existing roofline of the building, or more than five feet out from the plane of the existing wall or facade to which it is affixed, provided such projections do not otherwise violate existing yard dimension or setback requirements.
14.6.3.
Any proposed addition of cells, antennas or panels or replacement of a facility shall be the subject of a new application for an amendment to the special permit.
§ 14.7 Nonuse.
All unused towers or parts thereof or accessory facilities and structures which have not been used for one year shall be dismantled and removed at the owner's expense. Prior to issuance of a building permit for a wireless communications tower, the applicant is required to post with the Town Treasurer a bond or other form of financial security acceptable to said Treasurer in an amount set by the Planning Board. The amount shall be suitable to cover demolition in the event that the Building Inspector condemns the tower (or parts thereof or accessory facilities and structures) or deems it unused for more than a year. The Building Inspector shall give the applicant 45 days' written notice in advance of any demolition action.
§ 14.8 Exemptions.
The following types of wireless communications towers are exempt from Section XIV:
14.8.1.
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that (1) the tower is not used or licensed for any commercial purpose, (2) the tower must have a cost or replacement value of less than $10,000; and (3) the tower must be removed if the use is discontinued for six months; and
14.8.2.
Satellite dishes and antennas for residential use.
§ 14.9 Waivers.
In order to receive approval, all projects or uses must demonstrate compliance with the standards herein. Strict compliance with the requirements of these rules and regulations may be waived when, in the judgment of the Board, such action is in the public interest and not inconsistent with the Wireless Communications Services District Bylaw.