Medfield City Zoning Code
ARTICLE 17
Personal Wireless Communications Facilities
§ 300-17.1 Purpose.
The purpose of these regulations is to promote the health, safety, convenience, and welfare of the inhabitants of Medfield, more specifically to minimize negative visual impacts and preserve natural vistas by providing for controlled placement and operation of certain radio communications facilities and towers within the Town. Placement is controlled by establishing a limited number of permitted locations, minimizing the number and overall height of towers, encouraging shared use of structures, and limiting new construction to that necessary to provide personal wireless services.
§ 300-17.2 Definitions.
As used in this Article, the following terms shall have the meanings indicated:
An entity authorized by the FCC to provide personal wireless services that files an application, or is the holder of a special permit pursuant to this Article; if the applicant is not the landowner, the landowner(s) shall file as co-applicant(s).
A petition for a special permit for a personal wireless facility submitted by an applicant to the Board of Appeals under the auspices of this Article, and which fulfills all of the Board of Appeals filing requirements defined in this Bylaw.
A surface used to transmit and/or receive signals between a personal wireless facility and subscribers.
Apparatus employed by a provider of personal wireless services strictly to operate a personal wireless facility. Such apparatus typically includes transmission/reception electronics, network interconnection equipment, power supply equipment, and control and processing equipment.
An arrangement of transmitting/receiving equipment, network interconnection equipment, and transmit/receive antenna(s) operated by a personal wireless service at one location that provides service to a geographic area.
A structure designed to house personal wireless equipment that is placed at a personal wireless tower or other personal wireless facility.
Radio communications services specifically identified by the FCC (Federal Communications Commission) as personal wireless services. Such services include cellular services, personal communications services, and enhanced specialized mobile radio services, among others.
A self-supporting lattice structure, a monopole, or other structure erected for the primary purpose of supporting personal wireless antennas at a personal wireless facility.
All forms of communication which transmit radio frequency or microwave signals.
Antennas and communications services which do not qualify as personal wireless and which may be supported on a secondary, subservient basis by a personal wireless tower.
§ 300-17.3 Location.
A.
Personal wireless facilities shall be permitted in the IE Zoning District east of Route 27 to West Mill Street and west of Route 27, north of the railroad tracks on Town-owned land; the BI District at Medfield State Hospital; and on the Town of Medfield water tower property at Mt. Nebo, only after compliance with all the provisions of this Article.
B.
A personal wireless tower shall be permitted in the IE District east of Route 27 to West Mill Street and west of Route 27, north of the railroad tracks on Town-owned land; and at Medfield State Hospital in an area extending 150 feet north from the rear of the present "R" building, only after compliance with all the provisions of this Article. Secondary antennas may be installed on a personal wireless tower under the provisions of this Article.
C.
Personal wireless equipment in the areas identified in Subsections A and B may be housed in or on preexisting structures, personal wireless facility accessory buildings, or weather-resistant outdoor equipment enclosures. Personal wireless antennas may be installed on preexisting structures at these locations or on personal wireless towers built for the purpose. Secondary antennas may be installed on a personal wireless tower under the provisions of this Article.
D.
No personal wireless tower in the IE District may be constructed within 2,500 feet of another Personal wireless tower. In the event of conflicting applications, the Board of Appeals shall make a judgment as to which proposed personal wireless tower, if any, is most suitable.
E.
Personal wireless towers may not be built for any purpose other than to provide for personal wireless services.
F.
Personal wireless antennas may be installed on preexisting electric transmission towers presently located on a Boston Edison utility easement in the southeast quadrant of Town, provided that they do not exceed the present height of the utility tower by more than 30 feet, and only after compliance with all provisions of this Article. Personal wireless equipment may be sited on the utility easement to support the operation of such antennas.
G.
Personal wireless facilities shall be permitted outside of the areas identified in Subsections A, B and F only if an applicant demonstrates that such facilities are necessary to prevent an effective prohibition of the provision of personal wireless services. Applicants for facilities outside of the areas identified in Subsections A, B and F must demonstrate that they have made maximum practicable utilization of the areas identified in Subsections A, B and F to serve all or portions of the area that the proposed facility is intended to serve.
H.
Applicants for personal wireless facilities outside the areas identified in Subsections A, B and F shall demonstrate that their proposal is the most favored way that is practicable to facilitate the provision of personal wireless service, according to the following order of priority, from most favored to least:
§ 300-17.4 General requirements.
A.
No personal wireless facility or personal wireless tower shall be erected or installed except in compliance with the provisions of this Article. In all cases, a special permit is required from the Board of Appeals. Section 300-6.2A shall not apply to these applications. Any proposed addition of a personal wireless service provider to a preexisting personal wireless facility or personal wireless tower, proposed increase in the height of a tower, or in the number of antennas, or any construction or replacement of a personal wireless tower or personal wireless facility accessory building shall be subject to a new application for a special permit.
B.
Applicants for a new or modified personal wireless tower must make a showing satisfactory to the Board of Appeals that preexisting structures and preexisting personal wireless towers are not capable of providing adequate service to those personal wireless service carriers planning to use the tower.
C.
Unless otherwise restricted in this Section, personal wireless towers may be self-supporting monopoles, lattice towers, or other styles of support structure and shall meet with the approval of the Board of Appeals, subject to this Section and to the requirement that no guy wires shall be used.
D.
Personal wireless towers and personal wireless facilities shall be suitably screened from view to the maximum extent possible and/or be designed and placed in a manner that is compatible with surrounding land uses. All towers shall be of a design that minimizes the negative visual and environmental impacts on the Town, as determined by the Board of Appeals.
E.
Personal wireless towers shall be designed and constructed to support the antennas of multiple personal wireless facilities. An applicant for a special permit to construct a personal wireless tower shall certify to the Town that it will reasonably and in good faith make the tower available to other personal wireless services. Each installation of a personal wireless facility shall require a special permit.
F.
Secondary communications and secondary antennas may be installed at a personal wireless tower such that they may be moved or removed to accommodate the maximum number of additional personal wireless antennas possible. The personal wireless tower special permit holder shall apply to the Board of Appeals for a special permit for such secondary installations, as if they were personal wireless facilities.
G.
Personal wireless towers shall be removed within one year after cessation of use by all personal wireless services, whether or not there are one or more secondary antennas on the tower. Personal wireless antennas shall be removed within one year after cessation of use. As a condition of the special permit, the Board of Appeals may require a surety bond or other security satisfactory to the Board to fund removal of any and all components of a personal wireless facility that is unused for more than one year, or is no longer under a valid permit. If an applicant fails to comply with this requirement, the Town may enforce by entering the property and removing the ceased facility, which expenses shall be paid to the Town by the applicant or landowner within 30 days of notice by the Town. If such expenses are not paid in full, the Town may impose a lien on the property. In addition, the applicant or landowner shall be liable for all expenses the Town incurs in obtaining judicial enforcement of this subsection.
H.
Continuation of the special permit for a personal wireless tower or personal wireless facility is subject to inspection and reporting requirements established by the Inspector of Buildings.
I.
It shall be a requirement of any special permit issued under this Section that at any reasonable time or interval the Board of Appeals may require the applicant to demonstrate that the emissions of its personal wireless facility are in compliance with applicable federal and/or state safety requirements. Such demonstration shall be performed at applicant's expense by a qualified engineer appointed or approved by the Town.
J.
In the event that the applicant's personal wireless facility is not in compliance with applicable state and federal emissions exposure requirements, the personal wireless facility operator shall immediately inform the Town about the noncompliance, and remedies being implemented to correct it. The Town reserves the right to require the personal wireless facility to cease operations until the noncompliance is resolved.
K.
Applicants shall demonstrate to the Board of Appeals' satisfaction that a proposed personal wireless facility will be compliant with any applicable noise regulations of the Federal EPA (Environmental Protection Agency) and Massachusetts DEP (Department of Environmental Protection). Applicants shall maintain compliance for the duration of the facility's operation. Compliance shall be determined by evaluating all noise sources from the site of the personal wireless facility(ies). In the event of noncompliance, the Town reserves the right to require the personal wireless facility to cease operations until the noncompliance is resolved.
§ 300-17.5 Application process.
All applications for personal wireless towers or personal wireless facilities shall be made and filed in accordance with the requirements of the Board of Appeals. In addition to filing requirements detailed in § 300-14.10A of this Bylaw, the following are required to be filed with an application:
A.
A locus plan, which in printed form is of an appropriate scale, showing elevation contours, all property lines, structures, and landscape features within 500 feet of the property line, the proposed tower and/or accessory building, access way, and fencing.
B.
Design drawings showing the elevation and plan views of the proposed personal wireless facility and a photograph or rendition of outdoor views of the proposed personal wireless tower, personal wireless antennas or the enclosure(s) within which the antennas are concealed, personal wireless equipment or fenced area, and/or personal wireless facility accessory building; photographs of the proposed location from the property lines. The Board of Appeals may request an applicant to demonstrate the visual impact of proposed installations by providing, at applicant's expense, one or more of the following:
(1)
Sight-line drawings to specific locations identified by the Board of Appeals;
(2)
A visual demonstration of visibility in which a balloon, crane or other representative object shall be placed at the height of the proposed tower and at an alternative location on or off the proposed site as determined by the Board of Appeals; the date, time and location of such test shall be advertised, at the expense of the applicant;
(3)
Photographic simulations based on the results of a visual demonstration and prepared by a qualified individual; and
(4)
Other measures requested by the Board.
C.
The following information prepared by one or more qualified individuals:
(1)
A description of the facility and/or tower proposed.
(2)
A description of the reasons the facility is proposed, the reason the location is proposed, and a rationale for the height proposed.
(3)
Verification that the facility will be in compliance with federal and state regulations.
(4)
A description of tower capacity for additional personal wireless antennas.
(5)
A description of site capacity for additional personal wireless facilities.
D.
A description of how the proposed personal wireless facility integrates with preexisting personal wireless facilities in and around Medfield; what current or future planned personal wireless facilities the applicant is pursuing in and around Medfield; and a description of how the applicant's network in and around Medfield will evolve based on market trends, emerging technologies and the like.
E.
Submission of an application for a special permit obligates the applicant to pay review expenses determined by the Board of Appeals. Applications must include a deposit of $5,000 for each proposed personal wireless facility, which funds will be used to pay reasonable costs associated with the Board's review of the application, including fees for outside consultants with expertise in structural engineering, wireless communications technology, wireless communications law and other relevant fields of experience, as determined necessary by the Board. If fees for such reviews exceed the amount of the required deposit, the Board of Appeals may request additional funds from the applicant. Any unused funds will be returned to applicant after approval, rejection or withdrawal of the application.
§ 300-17.6 Design guidelines.
The following guidelines shall be used when preparing plans to site and construct any personal wireless tower or personal wireless facility.
A.
All personal wireless towers shall be designed to stand at the minimum height necessary to accommodate planned use and anticipated shared use, as certified at applicant's expense by a qualified engineer appointed or approved by the Town. The Board of Appeals may require a personal wireless tower to be constructed at one height, but with the structural capacity to be extended to another height in the future.
B.
In the IE District, a personal wireless tower with attached antenna(s) shall not exceed 150 feet in height above the lowest finished grade contacting the base. A maximum height with antenna(s) of 190 feet shall be allowed in the IE District if the applicant can make a significant showing that the low ground elevation prevents satisfactory performance of a proposed personal wireless facility at 150 feet and lower. A personal wireless tower shall not be constructed on a building.
C.
Personal wireless antennas may be mounted on preexisting structures in the allowed locations and districts. They shall be mounted no more than 10 feet above the roofline or top surface of the preexisting structure. Mounting hardware extending vertically 10 feet or less above a structure shall not be considered a tower in this Article. Consideration will be given to disguising or concealing roof- or top-mounted antennas and hardware.
D.
In the IE District, a tower shall be set back a minimum of 50 feet from any property line. The Board of Appeals may require greater setback if a benefit is achieved and it is practicable, as determined by the Board.
E.
In districts other than the IE District, a personal wireless tower shall be no more than 100 feet above the undisturbed natural grade at the base of the tower.
F.
In districts other than the IE District, the minimum distance from the base of any ground-mounted personal wireless tower to any property line shall be two times the height of the facility/mount, including any antennas or other appurtenances. In addition, a minimum distance of 300 feet from any habitable dwelling is required. The aforementioned setback is measured from the nearest abutting non-applicant property, while the 300-foot distance is measured from the nearest non-applicant habitable dwelling.
G.
In the event that a preexisting structure is proposed as a mount for a personal wireless facility, the setback provisions of the zoning district shall apply. In the case of preexisting nonconforming structures, personal wireless facilities, including equipment shelters, shall not increase any nonconformities.
H.
All personal wireless towers and personal wireless facility accessory buildings shall be sited and landscaped in such a manner that the view of them from neighboring residences shall be as limited as possible. They shall be colored in a manner that best blends in with the surroundings, subject to approval of the Board of Appeals.
I.
Personal wireless towers shall be designed to accommodate the maximum number of personal wireless services practical. The intent of this requirement is to maximize shared use of towers and limit the number required to provide satisfactory and competitive personal wireless service in the Town. In evaluating the maximum number practicable, the Board of Appeals shall determine whether or not an increase or decrease in height of a proposed personal wireless tower is justified to balance the objectives of maximizing collocation and minimizing the visual impact on the community.
J.
Fencing and/or other access control measures shall be employed to limit access to personal wireless facilities, including personal wireless towers, personal wireless equipment, and personal wireless antennas. Outdoor access control measures (such as fencing) shall be compatible with the character of the area in which they are installed and shall be approved by the Board of Appeals. In the application, the applicant shall provide a description of all indoor and outdoor access control measures planned for the proposed personal wireless facility.
K.
Signs shall be limited to those required by federal or state regulation, and those necessary to provide safety information or warnings. Signs shall conform with Article 13.
L.
The special permit holder shall maintain with the Medfield Police Department up-to-date 24-hour emergency contact information for each personal wireless facility and personal wireless tower permitted.
M.
Lighting of personal wireless towers is not allowed unless the applicant demonstrates to the Board of Appeals that it is essential for safety and/or is required by the Federal Aviation Administration.
N.
A minimum of one on-site parking space shall be available for maintenance personnel to park their vehicles off-street.
§ 300-17.7 Special permit review.
A.
Applications to the Board of Appeals for special permits shall be approved or approved with conditions, only if the applicant can fulfill the requirements of this Bylaw to the satisfaction of the Board. If the Board is not satisfied that the applicant has fulfilled or addressed these requirements, the application shall be denied. In addition to the required findings contained in § 300-14.10E, the Board of Appeals shall make the following specific findings of fact:
(2)
Preference hierarchy. The Board shall approve an application for a personal wireless facility only after an applicant has demonstrated their proposal is the most favored choice, as detailed in § 300-17.3H.
(3)
Preexisting structures. The Board shall approve an application for a new or modified personal wireless tower only after satisfactory showing by the applicant that preexisting structures and preexisting personal wireless towers cannot be used, as described in § 300-17.4B.
(4)
Tower structure. The Board shall approve an application after exercising discretion about the Personal wireless tower structure type, as described in § 300-17.4C.
(6)
Tower capacity. The Board shall approve an application only after receiving certification from applicant to make the personal wireless tower available to other personal wireless services, as described in § 300-17.4E, and after determining said personal wireless tower is designed to accommodate the maximum number of personal wireless services practical, as described in § 300-17.6I.
(7)
Noise compliance. The Board shall approve an application only after determining applicant has demonstrated the proposed personal wireless facility will be compliant with noise regulations as described in § 300-17.4K.
(8)
Minimum necessary height. The Board shall approve an application only after determining the proposed personal wireless facility is designed for the minimum height necessary, subject to the considerations described in § 300-17.6A.
(9)
Area regulation. The Board shall approve an application only after confirming the proposed personal wireless facility complies with height requirements detailed in § 300-17.6B and C, and setback requirements detailed in § 300-17.6D, E and F. The Board may exercise discretion to modify setbacks under § 300-17.6F if the Board determines it would achieve a more desirable result.
(10)
Access control. The Board shall approve an application only after approving proposed unauthorized access control methods and associated visual impacts, as described in § 300-17.6J.
B.
The Board may impose as a condition of the special permit a requirement for periodic review of the minimum necessary height of the tower and may require a reduction in the tower's height based upon the review.