North Reading City Zoning Code
ARTICLE IX
Special Permit Conditions
§ 200-41 Removal, processing and treating of raw materials.
Removal of sand, earth, gravel or other raw materials and the processing and treating of raw materials shall be conducted only by special permit of the Zoning Board of Appeals. This section shall not apply to such operations which are incidental to and in connection with the construction of a building on a lot.
Any application for a special permit for the removal of sand, earth, gravel or other raw materials or for the processing and treating of raw materials shall be accompanied by a site plan depicting the land to be affected by such operation. In addition to complying with the minimum site plan requirements of § 200-28D, the site plan shall indicate the following:
Contours at intervals of not more than ten (10) feet;
A placement of at least four (4) inches of compacted topsoil over all excavated, filled or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization;
Finished grades not to exceed a slope of one (1) foot vertical to two (2) feet horizontal; and
Existing removal area(s) and the proposed area(s) for removal in the immediate future.
Any special permit granted for the removal of sand, earth, gravel or other raw materials or for the processing and treating of raw materials shall contain the following mandatory conditions:
Removal and processing operations shall not be conducted closer than fifty (50) feet to a public street or to any property line;
All equipment, except mobile equipment, for sorting, washing, crushing, grading, drying, processing and treating, or other operation machinery, shall not be used closer than one hundred (100) feet from any public street or from any adjoining property line;
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
Any access to excavated areas or areas in the process of excavation shall be adequately posted with "Keep Out - Danger" signs;
Any work or bank that slopes more than thirty (30) degrees downward adjacent to a public street shall be adequately fenced at the top;
Fencings. A substantial fence shall be provided enclosing the excavation or quarry where any excavation or quarry will extend under original ground level or will have a depth of ten (10) feet or more and create a slope of more than one (1) foot vertical to two (2) feet horizontal. Such fence shall be located ten (10) feet or more from the edge of the excavation or quarry, and shall be at least six (6) feet in height;
Adequate provision is to be made for drainage during and after the completion of operations;
Adequate lateral support shall be maintained for all adjacent properties;
The use of explosives shall be done in accordance with the regulations for storage and handling of explosives as published by the Massachusetts Department of Public Safety and the North Reading Fire Department;
Provision shall be made for the adequate control of dust during operation;
There shall be replacement of at least four (4) inches of compacted topsoil over all excavated, filled or otherwise disturbed acres. There shall also be seeding with a perennial cover crop, reseeded as necessary to assure uniform growth and soil surface stabilization;
Finished grades shall not exceed a slope of one (1) foot vertical to two (2) feet horizontal;
The special permit shall be conditioned upon compliance with applicable provisions of the environmental performance regulations of this Zoning Bylaw pursuant to § 200-87; and
It is recognized that the land reuse of a removal site is in the public interest. Therefore, land reuse plan(s) must be submitted to the Zoning Board of Appeals for approval subject to the regulations set forth in the following subsections:
The Zoning Board of Appeals may require that up to three (3) approved alternative future land reuse plans be submitted for such land as is used for the extraction of earth, sand, gravel, rock and associated raw materials;
Said land reuse plan and its implementation applies to the conversion of the abandoned site and its planned reuse, including landscaping and erosion control. It is, therefore, required that any land reuse plan correspond to a situation which could reasonably occur in the immediate future [zero (0) to five (5) years], and be revised as necessary as the existing physical character of the removal area changes;
The land reuse plan or any part thereof which reasonably applies to an area which has been abandoned from removal use shall be put into effect within one (1) year of the abandonment of said operation. Abandonment for the purpose of this subsection shall be defined as the visible or otherwise apparent intention of the owner or user of the land to abandon the use of the land; and
A bond in an amount stated by the Zoning Board of Appeals shall be posted to insure the satisfactory implementation of the reuse plan.
§ 200-42 Home occupations.
No special permit for the use of a dwelling for a home occupation shall be granted unless the Zoning Board of Appeals makes a finding that the buildings or premises occupied will not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, traffic, emission of odor, gas, smoke, dust, noise or electrical disturbance, or due to any other incident of the home occupation. In the case of a multi-family dwelling, the Zoning Board of Appeals must find that the use will in no way become objectionable or detrimental to any residential use within the multi-family structure.
A special permit for the use of a dwelling for a home occupation shall contain the following mandatory conditions:
§ 200-43 Gasoline service stations.
A special permit for the operation of a gasoline service station, including self-service gasoline stations, shall include the following mandatory conditions:
No driveway shall be permitted to any street that carries traffic at such speed or in such quantity that access to or egress from a gasoline service station at such a location will create hazardous conditions;
The maximum width of driveways and sidewalk openings measured at the street lot line shall be thirty (30) feet; the minimum width shall be twenty (20) feet;
The minimum setback of gasoline pumps from all street lines shall be twelve (12) feet;
A raised curb at least twelve (12) inches in height shall be constructed along all lot lines except at driveway openings;
Any gasoline or oil facilities shall be at least twenty-five (25) feet from any lot line.
§ 200-44 Floodplain District.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979; 10-10-1985 ATM by Art. 22, approved 2-4-1986; 10-8-1987 ATM by Art. 21, approved 11-30-1987; 10-5-1989 ATM by Art. 21, approved 1-8-1990; 4-30-1992 ATM by Art. 22, approved 8-26-1992]
Purposes. The purposes of this section are:
To provide the lands in the Town of North Reading subject to seasonal or periodic flooding as hereinafter described shall not be altered in such a manner as to endanger the health, safety or welfare of the occupants thereof or of the public.
To protect, preserve and maintain the water table and water recharge areas within the town so as to preserve present and potential water supplies for the public health, safety and welfare of the residents of the Town of North Reading.
To assure the continuation of the natural flow of the watercourses within the Town of North Reading; and to maintain adequate and safe floodwater storage capacity in order to protect persons and property against the hazards of flood inundation.
To ensure that all new subdivisions are designed and constructed to minimize flood damage potential, that all public utilities and facilities are located and constructed to minimize or eliminate flood damage, and that adequate drainage is provided to reduce exposure to flood hazards.
[Added 4-11-1996 ATM by Art. 20, approved 8-3-1996]
District locations.
[Amended 4-11-1996 ATM by Art. 20, approved 8-3-1996]
The Floodplain District is herein established as an overlay district. The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code 780 CMR 120.G dealing with construction in floodplains. The Floodplain District includes all special flood hazard areas within the Town of North Reading designated as Zone A, AE, AO and AH on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the Town of North Reading are panel numbers 25017C0282E, 25017C0284E, 25017C0292E, 25017C0301E, 25017C0302E, 25017C0303E, 25017C0304E, 25017C0306E, 25017C0308E, 25017C0309E, 25017C0311E and 25017C0312E dated June 4, 2010. The exact boundaries of the District are defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated June 4, 2010. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Community Planning Commission, Building Official, Conservation Commission.
[Amended 4-5-2004 ATM by Art. 3, approved 5-13-2004; 10-4-2004 OTM by Art. 7, approved 12-3-2004; 10-4-2010 OTM by Art. 16, approved 11-17-2010]
These maps as well as the accompanying Flood Insurance Study are incorporated herein by reference.
District use regulations.
[Amended 4-11-1996 ATM by Art. 20, approved 8-3-1996]
The Floodplain District is established as an overlay district superimposed on all other existing zoning districts. All uses and development in the Floodplain District, including structural and non-structural activities, whether permitted in the underlying district by right or by special permit shall be subject to all of the provisions of this section, and must also be in compliance with the following:
Those provisions of the Massachusetts State Building Code which address floodplain and coastal high hazard areas as they may be in effect from time to time, including but not limited to, 780 CMR 120.G of the Massachusetts State Building Code which addresses construction in floodplains and floodways;
[Amended 10-4-2010 OTM by Art. 16, approved 11-17-2010]
Massachusetts Department of Environmental Protection (DEP), Wetland Protection Regulations, 310 CMR 10.00, as they are in effect from time to time;
310 CMR 13.00, Inland Wetlands Restrictions, Department of Environmental Protection, as they are in effect from time to time;
[Amended 10-4-2010 OTM by Art. 16, approved 11-17-2010]
310 CMR 12.00, Coastal Wetlands Restriction, Department of Environmental Protection, as they are in effect from time to time;
[Amended 10-4-2010 OTM by Art. 16, approved 11-17-2010]
DEP Minimum Requirements for the Subsurface Disposal of Sanitary Sewers, 310 CMR 15, Title 5, as they are in effect from time to time;
Any variances of the above referenced state regulations granted in accordance with the required variance procedures established in said regulations.
Permitted uses. The following uses shall be permitted by right within the district:
Uses directly related to the conservation of water, plants and wildlife, including facilities for municipal water supply purposes;
Outdoor recreation activities and facilities, such as unpaved play areas, nature study, boating, fishing and hunting where otherwise legally permitted;
Wildlife management areas, landings, foot, bicycle and/or horse paths and bridges, provided such uses do not affect the natural flow patterns of any watercourse;
Grazing and farming, including truck gardening and harvesting of crops;
Forestry and nurseries;
Small non-residential structures of less than one hundred (100) square feet of floor area in connection with recreation or the growing, harvesting, storage or sale of crops raised on the premises;
Creation of ponds or detention areas, and associated structures, with a total water surface area at peak elevation not in excess of 40,000 square feet;
Removal of silt and other accumulated debris from a watercourse which tends to interfere with the natural flow patterns of the watercourse;
Construction, alteration, repair and maintenance of municipal infrastructure including water system, sewer system, drainage, roadways and public utilities.
Special permit uses.
Except as specifically permitted in Subsection C(2), in the floodplain district no new building shall be erected or constructed, and no existing structure shall be altered, enlarged or moved; no dumping, filling or earth transfer or relocation shall be permitted without first obtaining a special permit from the Community Planning Commission.
The Community Planning Commission may allow the permitted uses of the underlying district within the Floodplain District upon issuance of a special permit subject to the following conditions:
That the applicant first obtain a permit from the North Reading Conservation Commission.
That all encroachments including fill, new construction, substantial improvements to existing structures, earth transfer, and other development be certified by a registered professional engineer that such encroachments shall not result in any increase in flood levels during the occurrence of the one-hundred-year flood.
That the lowest floor of all new structures including any substantial improvements are above the one-hundred-year flood elevation as shown on the FIRM maps or, in the absence of flood elevation information, are above the one-hundred-year flood elevation as determined and certified by a registered professional engineer.
That all new construction and substantial improvements:
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres, whichever is the lesser, within unnumbered A zones.
[Added 4-11-1996 ATM by Art. 20, approved 8-3-1996]
Regulations and application procedure. After public notice and public hearing the Commission shall promulgate regulations to effectuate the purposes of this bylaw. The regulations shall include the application procedure for a special permit. Failure by the Commission to promulgate such regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
Definitions. Except as otherwise provided in the regulations of the Commission, the definitions of the terms of this bylaw shall be as set forth in the National Flood Insurance Program and Related Regulations, revised as of October 1, 1990, as amended, prepared by the Federal Emergency Management Agency.
[Amended 4-11-1996 ATM by Art 20, approved 8-3-1996]
Review by other Town boards and agencies. Upon receipt of an application for a special permit for activity in the Floodplain District, the Community Planning Commission shall forward a copy of such application to the Conservation Commission and the Town Engineer with a request that they review the application and submit their comments thereon to the CPC prior to or at the public hearing on the application. Failure of the Conservation Commission and/or Town Engineer to make recommendations or comments at or prior to the public hearing shall be deemed lack of opposition to the application.
Public hearing. Special permits shall only be issued following public hearings held as provided for in Section 9 of MGL c. 40A and in accordance with the procedure and timetable set forth therein.
Permits and determinations.
Conditional decisions. In granting a special permit the Community Planning Commission may impose additional specific conditions, safeguards and limitations on time or use as are deemed necessary to ensure compliance with the intent of this bylaw. The Community Planning Commission, in reaching its decision, will consider the simplicity, reliability and effectiveness of the proposed mitigating measures and the damage likely to result if these measures were to fail.
Decision that area does not warrant protection. The Community Planning Commission may decide, after having reviewed the submitted material that although an area is included within the Floodplain District, it does not warrant protection under the stated purpose and intent of this bylaw and as such the application warrants the grant of a special permit having no conditions imposed for the area which does not warrant protection. All such decisions shall require a FEMA letter of map revision as a condition of approval.
[Amended 4-11-1996 ATM by Art. 20, approved 8-3-1996]
Expiration of special permits. Special permit granted under this section shall lapse within two (2) years. A substantial use under the special permit must have commenced within the two-year period, or the permit shall be deemed expired.
Previously authorized work. The special permit requirement established under this article shall not apply to any work which, prior to the effective date of this bylaw, had been authorized by all required orders of conditions under Massachusetts General Laws, Chapter 131, Section 40, and special permits under the former Section 9.4 of the Zoning Bylaw, provided that such work is performed in accordance with the terms of said orders and special permits, including any amendment or extension of said orders and special permits as may be granted by the issuing authority.
Denial of permit. The Commission is empowered to deny a permit for failure to meet the requirements of this bylaw; for failure to submit necessary information and plans requested by the Commission; and for failure to meet other requirements in regulations of the Commission.
Burden of proof. The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the application will not increase existing floodplain elevations. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.
Appeals. A decision of the Commission shall be reviewable by the North Reading Zoning Board of Appeals in an action filed within 30 days thereof in accordance with Article VI of the Zoning Bylaw of the Town of North Reading, Massachusetts.
[Amended 10-2-2000 ATM by Art. 16, approved 3-29-2001]
Severability. The invalidity of any section or provisions of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination which previously has been issued.[1]
[1]
Editor's Note: Former Sec. 9.5, Development in floodplain areas, which immediately followed this subsection, as amended 11-6-1978 ATM by Art. 12, approved 2-6-1979, was deleted 10-10-1985 ATM by Art. 22, approved 2-4-1986.
§ 200-45 Adult uses.
[Added 10-4-1999 ATM by Art. 10, approved 12-14-1999]
Purpose and intent. It is the purpose and intent of this section to address and mitigate the secondary effects of the adult uses and sexually oriented businesses referenced herein, since such secondary effects have been found by the Community Planning Commission, as a result of the studies relied upon by the Community Planning Commission and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the Town, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the Town, all of which secondary impacts are adverse to the health, safety, and general welfare of the Town of North Reading and its inhabitants. The provisions of this section have neither the purpose nor intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this section to restrict or deny access by adults to adult uses and to sexually oriented matter or materials protected by the Constitutions of the United States of America and of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute, or exhibit such matter or materials. Neither is it the purpose or intent of this section to legalize the sale, rental, distribution, or exhibition of obscene or other illegal matter or materials. This bylaw is adopted pursuant to MGL c. 40A, § 9A and pursuant to the Home Rule Amendment to the Massachusetts Constitution.
Definitions.
An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other matter which are distinguished as characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
An establishment having a substantial or significant portion of its stock in devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A use having as a substantial or significant portion of its stock in trade such as but not limited to, books, magazines or video tapes, which are distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A use having as a substantial or significant portion of its entertainment such as, but not limited to, cinematic, theatrical, or dance presentation of a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A use having as a substantial or significant portion of its manufactured items which are distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An adult bookstore, adult club, adult theater, adult video store, and adult paraphernalia store, as defined in this bylaw.
An establishment having a substantial or significant portion of its stock in videos or other matters which are distinguished by emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
The term "substantial or significant portion" as used herein shall mean any of the following:
Ten (10) percent or more of the business inventory or stock of merchandise for sale, rental, distribution or exhibition during any period of time; or
Ten (10) percent or more of the annual number of gross sales, rentals or other business transactions; or
Ten (10) percent or more of the annual gross business revenue; or
Ten (10) percent or more of the hours during which the establishment is open.
Special permits. Adult uses may only be permitted in the Highway Business District and only upon authorization of a special permit by the Zoning Board of Appeals subject to the following conditions:
An adult use shall not be located within:
If the adult use allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All shall be clearly seen from the center of the establishment.
If the adult use allows for personal dancing or massages within the premises, the areas in which these personal services occur shall not be closed off by curtains, doors, or screens. All shall be clearly visible from the center of the establishment.
All adult uses shall be inaccessible to persons less than 18 years of age.
Signs. All signs for any adult use must meet the requirements of Article XIV. In addition, no advertisement, display or other promotional material which is distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, shall be visible to the public from any public way including but not limited to sidewalks, pedestrian walkways, highways or railways.
All special permits granted by the Town of North Reading for adult uses shall be subject to annual automatic renewal, based on compliance with the terms and conditions of approval, provided there have been no changes in the owner or manager of the use or in the use itself. Any findings of non-compliance shall be reason for non-renewal of said special permit.
Any other condition that the Zoning Board of Appeals finds appropriate and consistent with the purposes and intent of this bylaw to protect the health, safety, general welfare and/or quality of life of the residents of North Reading.
[Amended 10-2-2000 ATM by Art. 16, approved 3-29-2001]
Application. The application for a special permit for an adult accessory use must include the following information:
Name and address of the legal owner of the proposed adult use establishment;
Name and address of all persons having a lawful, equity or security interest in the adult use establishment;
A sworn statement must be provided stating that neither the applicant nor any person having a lawful, equity or security interest in the adult use establishment has been convicted of violating the provisions of MGL c. 119, § 63 or MGL c. 272, § 28;
Name and address of the manager of the adult use establishment;
Proposed provisions for security within and without the adult use establishment;
The number of employees; and
The present and proposed physical layout of the interior of the adult use establishment.
Amortization.
Any adult use which exists in North Reading at the time of the adoption of this bylaw shall cease and desist all adult use activities within five years (5) of the effective date of this bylaw.
No special permit for an adult accessory use shall be issued to any person convicted of violating MGL c. 119, § 63 or MGL c. 272, § 28.
Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid, illegal, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of any remaining portions hereof.
§ 200-46 Personal wireless service facilities.
[Added 4-6-2000 ATM by Art. 25, approved 6-28-2000; amended 10-12-2000 ATM by Art. 32, approved 3-29-2001]
Purpose and intent.
It is the express purpose of this section to minimize the visual and environmental impacts of personal wireless service facilities. The section enables the review and approval of personal wireless service facilities by the Town's Community Planning Commission in keeping with the Town's existing bylaws and historic development patterns, including the size and spacing of structures and open spaces. This section is intended to be used in conjunction with other regulations adopted by the Town, including historic district regulations, site plan review and other local bylaws designed to encourage appropriate land use, environmental protection, and provision of adequate infrastructure development in North Reading.
The regulation of personal wireless service facilities is consistent with the purpose of the planning efforts of the Town through its local Master Plan to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources; balanced economic growth; the provision of adequate capital facilities; the coordination of the provision of adequate capital facilities with the achievement of other goals; and the preservation of historical, cultural, archaeological, architectural and recreational values.
Definitions.
A measurement of height from the natural grade of a site to the highest point of a structure.
The surface from which wireless radio signals are sent and received by a personal wireless service facility.
A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."
A company that provides wireless services.
The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on an existing building or structure by more than one carrier.
A low mount that has three panels flush mounted or attached very close to the shaft.
The measurement of height above sea level.
An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a personal wireless service facility is placed in certain designated areas.
An enclosed structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging.
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate a commercial mobile radio services system.
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
The structure or surface upon which antennas are mounted, including the following four types of mounts:
A thin rod that beams and receives a signal in all directions.
A flat surface antenna usually developed in multiples.
Facility for the provision of personal wireless services, as defined by the Telecommunications Act.
The three types of services regulated by this bylaw.
An engineer specializing in electrical or microwave engineering, especially the study of radiofrequencies.
The emissions from personal wireless service facilities.
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas and another carrier's array.
General regulations
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
Use regulations. A personal wireless service facility shall require a building permit in all cases and may be permitted as follows:
A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(3)(e) below. Such installations shall require a special permit pursuant to Chapter 28 and a site plan review special permit pursuant to Chapter 95, unless subject to the Telecommunications Act of 1996, Section 704, 47 U.S.C. § 332(c)(7), as amended by Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 ("TCA").
A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a special permit pursuant to Chapter 28 and site plan approval pursuant to Chapter 95, unless exempted from local special permits by the TCA. Such facilities may locate by special permit in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Subsection C(3)(e), (f), and (g) and all of the special permit regulations set forth in Subsection D of this bylaw.
Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:
If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers, and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider the use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.
If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees.
The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a special permit.
Dimensional requirements. Personal wireless service facilities shall comply with the following requirements:
Height, general. Regardless of the type of mount, personal wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a personal wireless service facility shall not exceed by more than ten feet the height limits of the zoning district in which the facility is proposed to be located. Personal wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.
Height, ground-mounted facilities. Ground-mounted personal wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted personal wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the subject property or planted on site.
Height, side- and roof-mounted facilities. Side- and roof-mounted personal wireless service facilities shall not project more than ten feet above the height of an existing building nor project more than ten feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.
Height, existing structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a personal wireless service facility: water towers, guyed towers, lattice towers, fire towers and monopoles.
Height, existing structures (utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw provided that there is no more than a twenty-foot increase in the height of the existing structure as a result of installation of a personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. This exemption shall not apply in the Historic District.
Height, wireless facility overlay districts. Where the town establishes wireless facility overlay districts (as designated on the Town Zoning Map), personal wireless service facilities of up to 130 feet in height may be permitted by special permit. Monopoles are the preferred type of mount for such taller structures. Such structures shall comply with all setback and special permit regulations set forth in this bylaw.
Setbacks. All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
In order to ensure public safety, the minimum distance from the base of any ground-mounted personal wireless service facility to any property line, road, habitable dwelling, business or institutional use, or public recreational area shall be the height of the facility/mount, including any antennas or other appurtenances. This setback is considered a "fall zone."
In the event that an existing structure is proposed as a mount for a personal wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of pre-existing nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities, except as provided in Subsection C(3)(h) below.
Flexibility. In reviewing a special permit application for a personal wireless service facility, the Community Planning Commission may reduce the required fall zone and/or setback distance of the zoning district by as much as 50% of the required distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the Community Planning Commission shall consider both the visual and safety impacts of the proposed use.
Performance standards. All personal wireless service facilities shall comply with the performance standards set forth in this section.
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
Design standards.
Visibility/camouflage. Personal wireless service facilities shall be camouflaged as follows.
Camouflage by existing buildings or structures:
When a personal wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
Personal wireless service facilities which are side-mounted shall blend with the existing building's architecture and, if over 5 square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.
Camouflage by vegetation: If personal wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted personal wireless service facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Community Planning Commission shall determine the types of trees and plant materials and depth of the needed buffer based site conditions.
Color:
Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with sky and clouds.
Equipment shelters. Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards:
Equipment shelters shall be located in underground vaults; or
Equipment shelters shall be designed consistent with traditional New England architectural styles and materials, with a roof pitch of a least 10/12 and wood clapboard or shingle siding; or
Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building and/or wooden fence. The Community Planning Commission shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
Lighting and signage.
Personal wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 0.0 initial footcandles when measured at grade.
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the Town's sign regulations.
All ground-mounted personal wireless service facilities shall be surrounded by a security barrier.
Historic buildings and districts.
Any personal wireless service facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.
Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible.
Personal wireless service facilities within the Historic District shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
Scenic landscape and vistas.
Personal wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the camouflage section above, all ground-mounted personal wireless service facilities which are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.
Any personal wireless service facility that is located within 300 feet of a scenic vista, scenic landscape or scenic road as designated by the town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic vista, scenic landscape or scenic road, the height regulations described elsewhere in this bylaw will apply.
Environmental standards.
Personal wireless service facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
Stormwater runoff shall be contained on site.
Ground-mounted equipment for wireless service facilities shall not generate noise in excess of 50 dB at the property line.
[Amended 10-4-2010 OTM by Art. 18, approved 11-17-2010]
Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 db at ground level at the base of the building closest to the antenna.
Safety standards.
Radiofrequency radiation (RFR) standards. All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines).
Alternative technologies. All applications for personal wireless facilities shall provide documentation which demonstrates to the satisfaction of the Community Planning Commission that all alternatives to the proposed construction have been explored and the reasons for their rejection. Cost shall not be considered a satisfactory reason.
Application procedures.
Special permit granting authority (SPGA). The special permit granting authority (SPGA) for personal wireless service facilities shall be the Community Planning Commission.
In the case of facilities for which an approval may not be denied under the TCA, as amended, a building permit application shall be made to the Building Inspector who shall refer the application to the Community Planning Commission for review and recommendations. To the extent feasible, such proposed facilities should comply with Subsection D, Performance standards.
[Added 10-6-2014 OTM by Art. 19, approved 1-20-2015]
Application filing requirements. The following shall be included with an application for a special permit for all personal wireless service facilities:
General filing requirements.
Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants.
Co-applicants shall include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.
A licensed carrier shall either be an applicant or a co-applicant.
Original signatures for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photoreproductions of signatures will not be accepted.
Location filing requirements.
Identify the subject property by including the Town as well as the name of the locality, name of the nearest road or roads, and street address, if any.
Tax map and parcel number of subject property.
Zoning district designation for the subject parcel (submit copy of Town Zoning Map with parcel identified).
A plan stamped by a registered licensed surveyor showing the lot lines of the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
A Town-wide map showing all other existing personal wireless service facilities in the Town and outside the Town within one mile of its corporate limits.
The proposed locations of all existing and future personal wireless service facilities in the Town on a Town-wide map for this carrier.
Siting filing requirements. A one-inch-equals-40 feet vicinity plan showing the following:
Property lines for the subject property.
Property lines of all properties adjacent to the subject property within 300 feet.
Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.
Outline of all existing buildings, including purpose (e.g. residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet.
Proposed location of antenna, mount and equipment shelter(s).
Proposed security barrier, indicating type and extent as well as point of controlled entry.
Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the personal wireless service facility.
Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.
Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet.
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
Lines representing the sight line showing view-point (point from which view is taken) and visible point (point being viewed) from sight lines subsection below.
Sight lines and photographs as described below:
Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening tree and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.
Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road within 300 feet.
Proposed (after condition). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.
Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
Any and all structures on the subject property.
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
Design filing requirements.
Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
Dimensions of the personal wireless service facility specified for all three directions, height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
Appearance shown by at least two photographic superimpositions of the personal wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any, for the total height, width and breadth.
Landscape plan including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
Within 21 days of filing an application for a special permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time, and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days prior to the test.
If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandle levels at grade, within the property to be developed and twenty-five (25) feet beyond the property lines. The printout shall indicate the locations and types of luminaires proposed.
Noise filing requirements.
The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards of this bylaw.
Intentionally left blank.
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
Federal environmental filing requirements.
The National Environmental Policy Act (NEPA) applies to certain applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
At the time of the application filing, an EA that meets FCC requirements shall be submitted to the Town for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state or local government.
The Community Planning Commission may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
Co-location.
Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a special permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
Contact with all the other licensed carriers for commercial mobile radio services operating in the county; and
Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
In the event that co-location is found to be not feasible, a written statement of the reasons for the infeasibility shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a special permit to an applicant that has not demonstrated a good faith effort to provide for co-location.
If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out unless the facility may not be denied under the TCA, as amended.
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
If the Community Planning Commission approves co-location for a personal wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit and site plan approval, unless such addition may not be denied under the TCA, as amended, in which case the provisions of Subsection E(1.1) shall be applicable.
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
Modifications. A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and will require a special permit and site plan approval when the following events apply:
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
The applicant and/or co-applicant wants to alter the terms of the special permit by changing the personal wireless service facility in one or more of the following ways:
Change in the number of facilities or structures permitted on the site, if such change substantially changes the physical dimensions of the existing tower or base station, as provided in the TCA, as amended;
Change in technology used for the personal wireless service facility, if such change substantially changes the physical dimensions of the existing tower or base station, as provided in the TCA, as amended.
The applicant and/or co-applicant wants to add any equipment or additional height not specified in the original design filing, if such change substantially changes the physical dimensions of the existing tower or base station, as provided in the TCA, as amended.
Monitoring and maintenance.
The applicant and co-applicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping. Failure to do so shall constitute a violation of the conditions of the special permit and shall be grounds for enforcement actions.
Abandonment or discontinuation of use.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
Removal of antennas, mount, equipment shelters and security barriers from the subject property.
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
If a carrier fails to remove a personal wireless service facility in accordance with this section of this bylaw, the town shall have the authority to enter the subject property and physically remove the facility. The Community Planning Commission may require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless service facility in the event the Town must remove the facility.
Reconstruction or replacement of existing towers and monopoles. Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this bylaw may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the Community Planning Commission finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure; unless such reconstruction or replacement may not be denied under the TCA, as amended, in which case, the reconstruction or replacement shall be subject to Subsection E(1.1). In making such a determination, the Community Planning Commission shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety, and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility by more than twenty (20) feet without obtaining a new special permit from the Community Planning Commission.
[Amended 10-6-2014 OTM by Art. 19, approved 1-20-2015]
Term of special permit. A special permit issued for any personal wireless service facility over fifty (50) feet in height shall be valid for fifteen (15) years. At the end of that time period, the personal wireless service facility shall be removed by the carrier or a new special permit shall be required.
§ 200-46.1 Small wireless facilities.
[Added 6-5-2021 ATM by Art. 29, approved 9-29-2021]
Purpose and intent. The purpose and intent of this bylaw section is to permit regulation of the installation of small wireless facilities outside of rights-of-way so as to preserve the aesthetic character of the Town; to safeguard public safety, health and welfare; and to protect against intangible public harm resulting from unsightly or out-of-character deployments.
Definition. As used in this section, the following terms shall have the meanings indicated:
A small wireless facility as defined in 47 CFR 1.6002. For purposes of this Zoning Bylaw, a small wireless facility is not considered a personal wireless service facility subject to regulation under § 200-46.
Small wireless facilities located outside public rights-of-way.
Small wireless facilities may be located on any lot subject to the requirements of this § 200-46.1.
No small wireless facility shall be placed, installed, constructed or modified without first obtaining site plan approval pursuant to this section from the Community Planning Commission. Article XVII of the Zoning Bylaw shall not apply to site plan applications for small wireless facilities.
A site plan approval issued by the Community Planning Commission shall require an affirmative three-fifths vote.
The Community Planning Commission shall adopt and may from time to time amend policies, rules and regulations relative to site plan approval under this § 200-46.1. A copy of the policies, rules and regulations shall be kept on file with the Town Clerk and may apply to and set forth the following:
The application process, including public hearing requirements, evaluation criteria and timing for action by the Community Planning Commission;
The form and contents of the application and application fee;
Applicable design, siting and aesthetic criteria; and
Requirements for modification, abandonment and annual recertification.