Lancaster City Zoning Code
ARTICLE XI
Personal Wireless Service Facility Regulations
§ 220-40 Purpose and definitions.
In order to conform to its responsibilities under the Federal Telecommunications Act of 1996 in a manner consistent with the protection of the health, safety and welfare of the public, and the preservation of property values in the Town, this Zoning Bylaw governs the establishment of new or altered personal wireless service ("PWS") facilities in the Town. For the purposes of this bylaw, the term "personal wireless service" and "personal wireless service facility" shall have the same meaning as in the Telecommunications Act of 1996, 47 U.S.C. § 332 (c)(7)(C).
§ 220-41 Scope.
From the effective date of this bylaw, no building or special permit shall be issued for the placement, construction, erection or modification of any structure to provide for PWS facilities either as a principal use, or as an accessory use in the Town, except in the Personal Wireless Service Overlay District (PWSOD) and in accordance with the regulations set forth below.
§ 220-42 Personal Wireless Service Overlay District.
There shall be one Personal Wireless Service Overlay District. The Personal Wireless Service Overlay District shall consist of the land designated on the Lancaster Assessor's Maps as:
Assessor's Map Number | Parcel | Location |
|---|---|---|
5 | 32 | Fort Pond Road |
14 | 7 | Lunenburg Road |
26 | 2 | Bolton Town Line |
28 | 1 | Brockelman Road |
30 | 135A | Main Street |
37 | 31 | Winsor Road |
38 | 137 | Center Bridge Road |
42 | 115 | Mill Street Extension |
43 | 1 | Mill Street Extension |
§ 220-43 Special permit.
A.
The Board of Appeals may by special permit authorize the placement, construction, erection or modification of a freestanding PWS structure of up to 100 feet in height in the PWSOD; or a PWS structure of up to 20 feet in height above the height of the building or other structure on which it is mounted in the PWSOD, provided that the Board of Appeals finds in its judgment, after soliciting and reviewing comments from other Town boards, departments, agencies, and their staff, that reasonable measures shall be taken or already have been taken to:
(1)
Mitigate against negative impacts on visual quality affecting neighboring properties and street by incorporating reasonable design, siting and screening methods; and
(2)
Protect against potential damage to neighboring properties and streets from structural failure or collapse or damage from falling ice.
B.
In making such findings, the Board of Appeals shall consider the extent to which the proposed PWS structure together with any related equipment (collectively the "PWS facility") meets the following criteria:
(1)
The PWS structure shall be located such that if it were to fall or collapse, it would fall or collapse entirely within the boundaries of the parcel on which it is to be located;
(2)
The PWS facility shall be sited, designed and constructed in such a manner that existing vegetation is preserved to the maximum extent practicable;
(3)
Any fencing proposed shall be screened by a landscape buffer of evergreen shrubs or trees planted along the exterior side of the fence, with a mature height at least equivalent to the fence height, and no such fencing shall be of razor wire or barbed wire;
(4)
Lighting shall be limited to that needed for emergencies and/or as required by the FAA;
(5)
To the extent technologically feasible, all network interconnections from the PWS facility shall be via land lines;
(6)
Lattice-style tower and PWS structures requiring three or more legs and/or guy wires for support are prohibited;
(7)
In the PWSOD, the total height for freestanding PWS structures, including attached accessories, shall not exceed 100 feet in height as measured from the ground level at the base of the structure. In the PWSOD, the height of a PWS structure mounted on a building or other structure shall not exceed 20 feet in height above the ridge line of the roof of the building on which it is mounted, or 20 feet in height above the top of the structure on which it is mounted if other than a building. In no event, however, shall the height of a mounted PWS structure in the PWSOD exceed 100 feet as measured from the ground level at the base of the building or other structure on which it is mounted.
(8)
The PWS facility shall be designed to accommodate co-location of multiple users to the extent technologically practicable in order to reduce the number of PWS facilities located in the Town;
(9)
New PWS facilities will be considered only if existing or already approved facilities cannot accommodate the equipment planned for the new facility;
(10)
The applicant shall demonstrate that the proposed technology is the safest and least obtrusive to the neighborhood landscape currently available;
(11)
The PWS facility shall be sited and designed in a manner, which minimizes its visibility from neighboring residences and streets.
C.
The Board of Appeals may waive strict compliance with any of the above-listed criteria, provided it determines that such waiver would not derogate from the intent of these regulations, and further provided that a waiver of compliance from the height limitations of 100 feet may be granted by the Board of Appeals only if it is determined by independent consultants hired by the Town that additional height is required to provide service coverage within the Town of Lancaster. In no case shall such height exceed 150 feet as measured from the ground level of the PWS structure or from the ground level at the base of the building or other structure on which the PWS structure is mounted.
D.
Special permit application.
(1)
The special permit application shall include a site plan meeting the requirements of Article X, Environmental Controls, to the extent possible. In addition, the application shall include:
[Amended 5-5-2008 ATM by Art. 14]
(a)
A rendering, model or similar, to-scale representation, accurately depicting the proposed facility within the context of the site on which it is to be located and the surrounding areas;
(b)
A report or reports prepared by professional engineers describing:
[1]
The technical, economic and other reasons for the facility height, location and design;
[2]
The capacity of the facility, including the number and types of transmitters and receivers it can accommodate and the basis for the calculations of the capacity;
[3]
How the proposed facility complies with all applicable Federal and State standards;
(c)
Written official statements of compliance with, or exemption from, the regulations of all federal and state agencies governing personal wireless facilities or uses, including but not limited to the FAA, FCC, Massachusetts Aeronautics Commission, and Massachusetts Department of Health.
(2)
The applicant shall pay the reasonable costs for the Board of Appeals to have independent consultants review of the application materials.
(3)
The applicant seeking a special permit for a PWS facility shall provide a demonstration of the visual impact of the proposed PWS structure by raising a balloon, or a temporary structure, on the proposed site to the height of the proposed structure for such time as the Board of Appeals determines to be necessary.
(4)
Special permits authorized under this section shall be renewed every two years provided the special permit holder has filed an annual certification demonstrating continuing compliance with the special permit and applicable federal and state regulatory requirements.
(5)
Any parts of the PWS facility which have not been used for one year shall be dismantled and removed at the owner's expense. The Board of Appeals may, as a condition of any special permit or renewal granted under this section, require the applicant or special permit holder to post a bond or other financial security with the Town Treasurer in an amount deemed sufficient to cover demolition and removal of the facilities in the event of discontinuance of use.