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Longmeadow City Zoning Code

ARTICLE XII

Wireless Communications Facilities

§ 315-81 Purpose.

The purpose of this article of the bylaw is to minimize the adverse impact of any wireless communication structures, buildings and appurtenances on adjacent properties and residential neighborhoods; to limit the number and height of such facilities to only what is essential; to promote shared use of existing facilities to reduce the need for new facilities; to protect, to the maximum extent practicable, the historic and residential character of the Town of Longmeadow, the property values of the community and the health and safety of citizens.

§ 315-82 General requirements.

A. 
No wireless communications facilities shall be erected or installed except in compliance with the provisions of this article. Any proposed modification to an existing wireless communications facility, including, but not limited to, extension in the height, addition of antennas or panels, or construction of a new or replacement of a facility, shall be subject to these provisions and shall require a new application. The Planning Board or Zoning Board of Appeals each may, at its discretion, waive any application requirements for modifications to existing facilities.
B. 
Wireless communication facilities shall, if feasible, be located on preexisting structures, buildings or towers, provided such installation shall preserve the character of the structure, building or tower. The applicant shall demonstrate that there are no feasible preexisting structures, buildings or towers. If there are no feasible preexisting structures, buildings or towers, then wireless communication facilities shall, if feasible, be located on public land.
C. 
Lattice-style towers and/or any tower requiring guy wires shall not be permitted except on public land. All towers shall be preengineered to fail at a predetermined height and fold in half in the event of catastrophic failure.
D. 
Providers of wireless communication service shall report to the Building Commissioner any cessation in the use or operation of any wireless communications facility that exceeds 30 days, and such facilities shall be removed at the owner's expense within one year of cessation of use or operation.

§ 315-83 Design guidelines.

The following guidelines shall be used when preparing plans for the siting and construction of all wireless communication facilities:
A. 
The setback of a tower from the property line of the lot on which it is located shall be at least equal to the height of the preengineered fault, as described in § 315-82C above, measured at the man-finished grade of the tower base. Further, the tower shall be located a minimum 300 feet from the nearest existing residential building and 750 feet from any historic district.
B. 
All towers shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use. No wireless communications facility shall exceed 190 feet in height as measured from ground level at the base of the tower.
C. 
All wireless communications facilities shall be sited in such a manner that the view of the facility from adjacent abutters, residential neighbors and other areas of the Town shall be as limited as possible. All wireless communications facilities shall be painted, colored, and/or constructed of materials that minimize the visual impact of the wireless communications facilities on adjacent abutters, residential neighbors and other areas of the Town, and in a manner that blends them into the structure, building, tower and/or landscape where they are located. The Zoning Board of Appeals may impose reasonable conditions to ensure this result, including painting and lighting standards.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
D. 
To the extent feasible, all service providers shall co-locate on a single tower. Wireless communications facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of towers which will be required within the community. New towers shall be considered only upon a finding by the Zoning Board of Appeals that existing or approved towers cannot adequately fulfill the applicant's service requirements or accommodate the wireless communications equipment contemplated by the applicant.
E. 
An applicant proposing a wireless communications facility shall demonstrate to the satisfaction of the Zoning Board of Appeals that the applicant has endeavored to minimize the visual and aesthetic impacts of the proposed facility on residential abutters, and that the facility must be located at the proposed site due to technical, topographical or other unique circumstances.
F. 
Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town and of abutting properties and shall not be of barbed or razor wire unless completely blocked from view by shrubs or other landscaping. A landscape buffer of evergreen shrubs or tree planting shall be provided on the outside of the fenced area. The shrub or tree planting shall mature to a height equivalent to the fence height and be planted at a height of at least four feet and planted no less than three feet apart. All landscape plantings must be continually maintained.
G. 
There shall be no signs except a sign identifying the facility, the owner and operator and an emergency telephone number where the owner can be reached on a twenty-four-hour basis; a "no trespassing" sign; a sign displaying the FCC registration number; and any signs required to warn of danger. All signs shall comply with the requirements of the Longmeadow Zoning Bylaw.
H. 
No wireless communications facility installed within 750 feet of a single residence shall exceed the maximum height limitation established by the Federal Aviation Administration ("FAA") for required night lighting. Night lighting of towers shall be prohibited unless required by the FAA. Lighting shall be limited to that needed for emergencies and/or as required by the FAA. Lighting of buildings and the ground may be provided to ensure a safe and secure facility. All lighting shall be shielded to prevent undue impact on surrounding properties.
I. 
There shall be a minimum of one parking space for each facility, 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.
J. 
To the extent feasible, all network interconnections from the communications site shall be via land lines.
K. 
Existing on-site vegetation shall be preserved to the maximum extent practicable. Clearing of land shall be performed in a manner which will maximize preservation of natural beauty and conservation of natural resources and which will minimize marring and scarring of the landscape or silting of streams or wetlands.
L. 
Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.
M. 
Applicants proposing to erect wireless communications facilities on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Longmeadow to conduct wireless communications services on municipally owned property.

§ 315-84 Application requirements.

A. 
For an application to be considered complete, the following information must be submitted:
(1) 
A color photograph or rendition of the proposed wireless communication facilities, including, but not limited to, the proposed tower with its antenna and/or panels. A rendition shall also be prepared illustrating a view of the proposed wireless communication facilities from the nearest street or streets.
(2) 
A landscape plan showing the proposed site before and after development, including topography and screening proposed to protect abutters.
(3) 
A description of the wireless communication facilities, including, but not limited to, the height of any towers and antennas, access roads and power supplies, the type, size and number of transmitters and a technical report which demonstrates that the maximum height of the installation is the minimum feasible to provide the intended service.
(4) 
The technical and other reasons for the proposed location, height and design, including, but not limited to, a survey of all sites which are feasible for providing the intended services both within and outside of the Town of Longmeadow and the reason(s) the proposed site was selected over at least one alternative site.
(5) 
A survey of all preexisting structures, buildings or towers which are capable of supporting the equipment necessary to provide the intended service and a technical report which demonstrates why any such structure, building or tower cannot be used by the applicant.
(6) 
A description of the capacity of the tower, including the number and type of panels, antenna and/or transmitter receivers that it can accommodate and the basis for these calculations.
(7) 
A statement that the sound levels under normal operating conditions, whether emanating directly from, or as a result of, natural wind blowing through the wireless communications facility, measured at the boundary of the lot on which it is sited, shall not be greater than would otherwise exist in the absence of such facility.
(8) 
A statement of the services to be supported by the proposed wireless communication facilities and a delineation on the Zoning District Map of all areas in Longmeadow which will be served by the proposed installation for the primary and an alternate site.
[Amended 10-25-2022 STM by Art. 25, approved 3-29-2023]
(9) 
A description of the special design features utilized to minimize the visual impact of the proposed wireless communication facilities in accordance with § 315-83C, F and K.
(10) 
A certification that the applicant has complied with all federal and state requirements to provide the proposed service.
B. 
Within 30 days after filing the application for any new tower or extension in height thereto, the applicant shall arrange to fly a balloon at the primary and an alternate site at the maximum height of the proposed installation on a weekend day between the hours of noon and 3:00 p.m. The balloon shall be of size and color that can be seen from every direction for a distance of one mile. The date and location of the flights shall be advertised at least 14 days, but not more than 21 days, before the flights in at least two different issues of a newspaper with a general circulation in the Town of Longmeadow.
C. 
Special permit applications must include a Planning Board decision per Article VII, § 315-47A(1) or (3), and include at least one copy of all documents submitted to the Planning Board and made part of that decision.

§ 315-85 Severability.

The invalidity, unconstitutionality, or illegality of any provision of this bylaw shall not have any effect upon the validity, constitutionality or legality of any other provision of this bylaw.