Littleton City Zoning Code
ARTICLE XXI
Wireless Telecommunications Towers and Facilities; Small Wireless Facilities 1
§ 173-128 Purpose and goals.
A.
The purpose of this bylaw is to establish general guidelines for the siting of wireless telecommunication towers and facilities. The goals of this bylaw are to (1) encourage the location of towers on municipal land or industrially zoned land and minimize the total number of towers throughout the community; (2) require the co-location of new and existing tower sites; (3) encourage users of towers and facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (4) encourage users of towers and facilities to configure them in a way that minimizes the adverse visual impact of towers and facilities, and in furtherance thereof, due to the nature of two divided highways intersecting within the Town, to locate the towers to the extent possible in close proximity to the divided highways; (5) enhance the ability of the providers of telecommunications services to provide such services to the community effectively and efficiently; and (6) to make available all wireless telecommunication tower locations to local municipal agencies.
B.
A wireless telecommunications tower and facilities may be located in the Town of Littleton upon the granting of a Special Permit from the Planning Board in accordance with the requirements set forth herein. Granting of a Special Permit will be required prior to the submission of a site plan.
C.
The following types of wireless communications towers are exempt from this by-law:
(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; and (2) the tower must be removed upon loss or termination of said FCC License.
D.
If the Planning Board 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 Planning Board rules as authorized by G.L. c. 44, § 53G.
§ 173-129 Special permit.
A.
Approval. The Littleton Planning Board is hereby designated the Special Permit Granting Authority (SPGA) to grant Special Permits for wireless telecommunications towers and facilities. A Special Permit shall be granted by the Planning Board in accordance with the Massachusetts General Laws, the provisions of this bylaw relative to the Special Permit and §§ 173-128 through 173-133, inclusive.
B.
Expiration. The Special Permit granted under this Bylaw shall expire within five years of the date of issuance of the permit.
C.
Submittal. As part of any application for a special permit, applicants shall submit:
(1)
Reports prepared by one or more professional engineers, which shall:
(a)
Describe the tower and the technical, economic and other reasons for the tower design, and the need for the tower at the proposed location;
(b)
Demonstrate that the tower complies with all applicable standards of the Federal and State Governments;
(c)
Describe the capacity of the tower including the number and type of antennae that it can accommodate and the basis for the calculation of capacity;
(d)
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;
(e)
Demonstrate that the tower and facilities comply with this regulation;
§ 173-130 On-site demonstration.
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 four feet 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. The applicant shall take care to advertise the date of the demonstration in a newspaper widely circulated in the neighborhood of the proposed site. Failure, in the opinion of the SPGA, to adequately advertise this demonstration may be cause for the SPGA to require another, properly advertised demonstration.
§ 173-131 Special permit requirements.
A.
The tower and its facilities shall be located in accordance with the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) Regulations in effect at the time of construction. The operation of the Tower and its facilities shall comply with all requirements of these agencies during the entire period of operation.
B.
The tower and its facilities shall be located within the Town of Littleton as follows:
(1)
To the extent feasible all service providers shall co-locate on a single tower. Towers and accessory buildings shall be designed to structurally accommodate the maximum number of users.
(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.
(3)
If it is demonstrated to the satisfaction of the Planning Board that the siting of proposed facilities on municipal land, or within an existing church steeple is not feasible, then the towers and facilities shall be located on Industrial Land within 500 feet of a divided highway.
(4)
The base of all towers shall be no closer than 300 feet to a dwelling in a residential district. Facilities shall comply with existing setback requirements.
(5)
Tower height shall not exceed 100 feet measured from the base of the tower to the highest point of the tower or its projection.
(6)
Fencing shall be provided to control access to the base of the tower which fencing shall be compatible with the scenic character of the Town and shall not be of barbed wire or razor wire.
(7)
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 Planning Board 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.
(8)
The applicant shall demonstrate to the satisfaction of the Planning Board that the location of the tower is necessary and that the size and height is the minimum necessary for the purpose.
(9)
There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with the sign requirements of this bylaw.
(10)
To the extent feasible all network interconnections from the communications site shall be installed underground.
(11)
The tower shall minimize, to the extent feasible, adverse visual effect on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting, lighting standards and screening.
(12)
Removal of Abandoned Towers and Facilities. Any tower or facility that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such tower and facility shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment.
If such tower or facility is not removed within said 90 days, the Town may cause such tower or facility to be removed at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
§ 173-132 Performance guarantees.
§ 173-133 Site plan approval.
Site Plan approval by the Planning Board is required for the siting and construction of all wireless telecommunications towers, antennae, and facilities. If modification of a special permit is sought, the Planning Board may require approval of a new site plan.
A site plan submitted to the Planning Board for approval shall contain 10 copies of a plan conforming to the requirements of §§ 173-17 and 173-18 of this by-law and in addition, the following documentation:
A.
Tower, antennae, and facility location (including guy wires, if any), and tower and antennae height.
B.
Eight view lines in a one mile radius from the site, shown beginning at True North and continuing clock-wise at 45° intervals.
C.
The locus map at a scale of 1:1000 which shall show all streets, bodies of water, landscape features, historic sites, habitats for endangered species within 200 feet and all buildings within 500 feet.
D.
A copy of the requests made by the applicant to the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health to provide a written statement that the proposed tower complies with applicable regulations administered by the agency or that the tower is exempt from those regulations and a copy of the response from each agency. If such response is not received within 60 days, the application will be considered complete with respect to the requirements of this § 173-133D. The applicant shall submit any subsequently received agency statements to the Planning Board.
§ 173-134 Small wireless facilities located outside of right-of-way.
[Added 10-17-2020 STM by Art. 16]
All Small Wireless Facilities located outside of a Right of Way shall require a special permit from the Planning Board. All such facilities shall comply with the Technical and Aesthetic Standards for Small Cell Siting published by the Littleton Electric Light and Water Departments.