Norton City Zoning Code
ARTICLE XVII
Wireless Communications Facilities
§ 175-17.1 Purpose.
This regulation is designed to provide guidance for the installation of towers, antennas, and other communication structures for all types of wireless communication within the Town. This regulation establishes standards to protect the interests of the general public, provide for public safety, and minimize visual and environmental impacts on the Town.
§ 175-17.2 Definitions.
In addition to definitions generally applicable to the Zoning Bylaw as set forth in § 175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
AG
Aboveground elevation at base of mounting structure.
ANTENNA
A device attached to any structure for the purpose of transmitting or receiving wireless communication.
ART
Above rooftop of supporting building, including any penthouse, parapet or other similar structure extending above the rooftop.
MONOPOLE
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.
SPGA
Special permit granting authority.
TOWER
Any structure to which an antenna may be attached for the purpose of transmitting or receiving wireless communications, including lattice or monopole towers, water towers and church steeples.
WIRELESS COMMUNICATIONS FACILITY (WCF)
Any structure or device that is used for the express purpose of conducting wireless communication, including, but not limited to, antennas, monopoles, satellite dishes over one meter in diameter, or other such equipment for transferring wireless transmissions, with or without a building to house and/or maintain such equipment.
§ 175-17.3 General requirements.
A.
No wireless communication facility (WCF), which shall include, but not be limited to, monopoles, satellite dishes over one meter in diameter and antennas, shall be erected or installed except in compliance with the provision of this bylaw:
(1)
No freestanding monopole with associated antenna and panels shall be erected or installed, nor shall any such monopole be extended in height, or replaced, nor shall an addition of cells, antennas or panels be made to such freestanding monopole without a special permit from the Norton Planning Board.
(2)
No WCF located on an existing structure other than a freestanding monopole shall hereafter be erected, installed or enlarged, including any increase in height, except in conformity with an endorsed site plan from the Norton Planning Board.
B.
Conditions.
(1)
To the extent feasible, all service providers shall co-locate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) as is technically practicable.
(2)
New wireless communication facilities may be approved upon a finding by the SPGA that existing facilities or facilities under construction cannot accommodate the wireless communications equipment planned for any proposed facility.
(3)
Existing on-site vegetation shall be preserved to the maximum extent practicable.
(4)
All wireless communications facilities shall minimize, to the extent feasible, adverse visual effects on the environment. The SPGA may impose reasonable conditions to ensure this result, including painting and lighting standards.
(5)
Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.
(6)
Applicants proposing to erect a wireless communications facility on municipally owned land or structures shall provide evidence of contractual authorization by the Board of Selectmen to conduct wireless communication services on municipally owned properties prior to issuance of a building permit.
(7)
Only freestanding monopoles, with associated antennas and/or panels, are allowed. Monopoles shall not be located on buildings. The SPGA shall not grant a special permit for lattice towers and similar facilities requiring three or more legs and/or guy wires for support.
(8)
WCF shall not be located in wetlands. Locating of WCF in wetland buffer areas shall be avoided whenever possible, and disturbance to wetland buffer areas shall be minimized.
(9)
No hazardous waste shall be discharged on the site of the WCF. 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.
(10)
Ground-mounted equipment for WCF shall not generate noise in excess of 50 dB at the line. Roof-mounted or side-mounted equipment for WCF shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna.
C.
Maintenance. The landowner of record shall be responsible for ongoing proper maintenance of the wireless communication facility. Verification of maintenance and structural integrity shall be required at the request of the Building Inspector by a certified structural engineer on a biannual basis.
D.
Removal.
(1)
Any wireless communication facility shall be removed within three months of abandonment or discontinuation of use. At such time that a licensed carrier plans to abandon or discontinue a WCF, such carrier will notify the Town by certified 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. If a carrier fails to remove a WCF within three months of abandonment or discontinuation of use, the Town shall have the authority to enter the subject property and physically remove the facility. "Physically remove" shall include, but not be limited to, the following:
(a)
Removal of antennas, mount, equipment shelters and security barriers from the subject property;
(b)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations;
(c)
Restoring the location of the WCF to its natural condition, except that any landscaping and grading shall remain in the "after" condition.
(2)
If a carrier fails to remove a WCF 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 Planning Board may require the applicant to post a bond at the time of construction to cover costs for the removal of the WCF in the event the Town must remove the facility.
E.
Exemptions. The following types of wireless communication facilities are exempt from the special permit requirement of this bylaw and may be constructed, erected, installed, placed and/or used within the Town, subject to the issuance of a building permit by the Building Inspector:
(1)
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that:
(a)
The tower is not used or licensed for any commercial purpose.
(b)
(Deleted and disapproved)
(c)
If the tower is a freestanding device, such a device may be installed in the rear yard only.
(d)
(Deleted and disapproved)
(2)
Towers used for the purposes set forth in MGL c. 40A, § 3.
(3)
Wireless communication facilities such as antennas and panels installed on other structures, provided that such wireless communication facilities, including support, are:
(a)
Finished in a manner designed to be aesthetically consistent with the exterior finish of such structure;
(b)
Mounted in such a manner so that they do not obscure any window or other exterior architectural feature and extend above the highest point of the roof by more than 25 feet;
(c)
Comprised of devices which do not individually or in the aggregate have a front surface facing surrounding streets and adjacent properties that exceeds 50 square feet in area.
F.
All applications for a building permit shall include color photographs of the existing structure to which the WCF will be attached and a color photograph or rendition illustrating the WCF.
§ 175-17.4 Dimensional requirements.
A.
Wireless communication facilities shall comply with the dimensional requirements applicable to structures for the district in which they are located; provided, however, that the height and setback limitations for wireless communication facilities shall supersede any limitations for the district.
B.
Height requirement.
(1)
The SPGA shall limit the tower height to the minimum height necessary to accommodate the transmitter and receiver for the purpose of service.
(2)
Any building-mounted wireless communication facilities shall not exceed 25 feet ART, and the total height from ground level to top of the facility shall not exceed 125 feet AG.
(3)
Any freestanding WCF shall not exceed 125 feet AG.
C.
Setback requirements.
(1)
Any building-mounted WCF shall conform to setback requirements as set forth in § 175-6.2 of the bylaw.
(2)
The setback of a freestanding WCF from a residential structure or property line of the lot on which it is located shall be at least equal to the height of the structure plus 20 feet. The setback of any such facility shall be a minimum of 300 feet from a residential lot line.
D.
Except for the replacement of an existing WCF, the SPGA shall not grant a special permit for a WCF in residential zones.
§ 175-17.5 Application procedures.
All persons desiring to erect or modify a WCF shall apply for a special permit or site plan review in accordance with this bylaw:
A.
No application shall be accepted or acted upon until all the required information as set forth in the bylaw is provided by the applicant and all required fees are paid.
B.
All applications for either a special permit or site plan review shall include the following:
(1)
A locus plan at a scale of one inch equals 40 feet for each proposed communications structure, showing setbacks of the wireless communication facilities from surrounding lot lines and indicating buildings, if any, and colors, landscape, lighting, and fencing, and all residential districts within 300 feet of the facility.
(2)
Certification by a professional engineer that Federal Communications Commission (FCC), Federal Aviation Administration (FAA), Massachusetts Aeronautics Commission, Massachusetts Department of Public Health and the American National Standards Institute (ANSI) standards, insofar as they are applicable, have been met.
(3)
Specifications for construction, lighting and wiring in accordance with state building codes, including a description of the capacity of the WCF, including the number and types of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.
(4)
A statement of the services to be supported by the proposed communications structure.
(5)
Evidence, if applicant is the sole user of a structure, that all reasonable means of co-location for multiple use of antennas elsewhere have been exhausted.
(6)
Assessor's plan showing proposed locus.
(7)
A completed application form.
C.
Fees for permits shall be established and amended from time to time by the Board of Selectmen.
D.
The owner of the WCF shall provide to the Town a certificate of insurance on a commercial general liability (CGL) form. The CGL insurance must be on an occurrence basis and at a limit as established and as may be amended from time to time by the Town.
§ 175-17.6 Design requirements for special permits.
The following guidelines shall be used when preparing plans for the siting and construction of all WCF requiring either a special permit or site plan approval:
A.
Any facility shall be designed to be constructed to accommodate its anticipated and future use and shall be designed to accommodate the maximum number of users technologically practicable. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
B.
All WCFs 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 monopoles and dishes shall be painted or otherwise colored so as to blend in with the landscape or the structure on which they are located. A different color scheme shall be used to blend the structure with the landscape below and above the tree or building line.
C.
Satellite dishes and/or antennas shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. Freestanding dishes or antennas shall be located on the landscape in such a manner as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
D.
Fencing shall be provided to control access to WCFs and shall be compatible with the character of the district.
E.
There shall be no signs, except for announcement signs, "No Trespassing" signs and a required sign giving the telephone number where the owner may be reached on a twenty-four-hour basis. All signs shall conform with the Sign Bylaw.
F.
Lighting shall be limited to that needed for emergencies and/or as required by the FAA, local, state or federal authorities, and shall be directed in such a way as to minimize glare and cause the least amount of interference with and light spillover onto neighboring properties.
G.
There shall be a minimum of one parking space for each WCF, 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.
H.
Accessory uses shall be limited to one structure per use per WCF, but shall not exceed six structures per WCF. If more than one use, the accessory building shall be connected by a common wall. Each structure shall not exceed 400 square feet in size and 10 feet in height and shall be designed to architecturally blend in with the surrounding buildings or structure.
§ 175-17.7 Permit to construct.
Upon receipt of a special permit from the SPGA, an applicant shall apply to the Building Inspector for a permit to construct a WCF and shall provide written evidence that all pre-construction conditions as may be part of the special permit decision have been satisfied.