This article is adopted for the authorization and regulation of the placement, construction, installation, modification, use, monitoring and removal of wireless communications facilities and the protection of the general public from the impacts associated with wireless communications facilities. It is the purpose of this article to:

In accordance with the requirements of 47 U.S.C. § 332(c)(7)(B), and until these requirements are modified, amended or repealed, in regulating the placement, construction, installation, modification, use, monitoring and removal of wireless communications facilities, the administration of this article shall not be undertaken in a manner which unreasonably discriminates among providers of functionally equivalent services or prohibits or has the effect of prohibiting the provision of wireless communications services. Furthermore, any decision to deny a request to place, construct, install, modify, and/or use wireless communications facilities shall be in writing and supported by substantial evidence contained in a written record. Furthermore, this article may not regulate the placement, construction, installation, modification and/or use of wireless communications facilities on the basis of the environmental effects of radio frequency emissions to the extent that such wireless communications facilities comply with the Federal Communications Commission's regulations concerning such emissions.

Wireless communications facilities used only for Town or state public safety purposes.

Wireless communications facilities used by a conforming, federally licensed amateur radio used in accordance with said FCC license as protected by MGL c. 40A, § 3, provided that:

Television antennas, including so-called "dish antennas."

Licensed commercial mobile radio services primarily used in support of the licensee's own business purpose, provided that (i) such services are not used as a dispatching or communications service for third parties and (ii) any wireless communications facilities used in connection therewith do not exceed the dimensional requirements under § 200-65. By way of example, but not limitation, exempt commercial mobile radio services would include such services used by a taxi or limousine company to communicate with its vehicles and repair, service, delivery, towing and fuel delivery companies to communicate with their respective vehicles.

All towers used in wireless communications facilities shall be constructed only of galvanized steel and shall be of a freestanding, monopole-type construction. No lattice-style towers or guyed towers shall be allowed or permitted.

No advertising signs shall be allowed. No other signs shall be allowed, except in accordance with § 200-68B.

Security barriers, as required by § 200-68C, around the wireless communications facilities shall not use razor wire, barbed wire, or similar types of material.

The use of telephone and electric utility poles and structures as sites for wireless communications facilities is prohibited; except the use of electric utility transmission towers for which a special permit issued under this article is in effect shall be allowed, provided that any new wireless communications facility shall not exceed the terms and conditions of the special permit in effect for the existing wireless communications facility on which it is to be located.

Wireless communications facilities are prohibited in Residential, Business, Business/Professional, Business HA, Multifamily and Sanitary Facility Districts.

Wireless communications facilities may not be located on a nonconforming building or structure, unless said building or structure first obtains the necessary zoning relief to extend, alter or change the building or structure in accordance with MGL c. 40A, § 6, and the requirements of this article are satisfied.

Ground-mounted equipment for wireless communications facilities shall not generate acoustic noise in excess of fifty (50) decibels at the security barrier. Roof-mounted or side-mounted equipment for wireless communications facilities shall not generate noise in excess of fifty (50) decibels at ground level at the base of the building as measured from the point closest to the antenna.

The applicant must demonstrate that the wireless communications facility is necessary for the applicant to provide adequate wireless communications services by that applicant to the public.

If primary coverage [greater than fifty percent (50%)] from the proposed wireless communications facility is outside of the Town of Randolph, then the special permit granting authority may decline the special permit, unless the applicant demonstrates that it is unable to locate within the town which is primarily receiving service from the proposed wireless communications facility.

A wireless communications facility may locate as of right on any monopole for which a special permit issued under this article is in effect, provided that the new facility shall first obtain site plan approval from the special permit granting authority and provided, further, that any new wireless communications facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located unless such terms and conditions are amended or modified.

The applicant must demonstrate to the special permit granting authority that the location of the proposed wireless communications facility complies with all of the requirements of this article and, furthermore, that the size and height of the proposed facility is the minimum necessary for its intended purpose, using topographical advantage where possible.

If feasible, wireless communications facilities shall be located on or within existing structures, including but not limited to buildings, existing communications facilities, monopoles, and related structures, provided that such installation preserves the character and integrity of those structures. Notwithstanding the foregoing, the use of telephone and electric utility poles and structures as sites for wireless communications facilities is prohibited, except that the use of electric utility transmission towers for which a special permit issued under this article is in effect shall be allowed, provided that any new wireless communications facility shall not exceed the terms and conditions of the special permit in effect for the existing wireless communications facility on which it is to be located unless such terms and conditions are amended or modified.

If the applicant demonstrates to the satisfaction of the special permit granting authority that it is not feasible to locate on a preexisting structure, the wireless communications facility 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 with natural and/or artificial plantings (as indicated through site plan review), and placement within trees.

A wireless communications facility shall be set back from the property lines of the lot upon which it is located by a distance equal to the overall vertical height of the tower and any attachments plus five (5) feet. This provision may be waived by the special permit granting authority along any property line which abuts land owned by, or in the control of, the applicant or the owner/operator of the proposed structure.

Except for structures that are accessory to the wireless communications facility, on any lot containing such wireless communications facility no structure shall be constructed or erected within five hundred (500) feet of said wireless communications facility. This provision may be waived by the special permit granting authority along any property line which abuts land owned by, or in the control of, the applicant or the owner/operator of the proposed wireless communications facility.

The frontage requirements of a lot containing a wireless communications facility shall be those of the underlying zoning district.

No wireless communications facility shall be erected or constructed within three hundred (300) feet of a traveled way, or within five hundred (500) feet of any habitable dwelling or business.

Height.

Extensions from walls; extensions beyond the face of walls, side- and roof-mounted facilities. Side- and roof-mounted wireless communications facilities shall not extend beyond the face of any wall, or exterior surface in the case of a building or structure that does not have walls, by more than eighteen (18) inches.

Setbacks; setbacks of preexisting structures. In the event that a preexisting structure is proposed as a mount for a wireless communications facility, the setback provisions of the underlying zoning district shall apply.

Surface area. Side- and roof-mounted wireless communications facilities shall not individually or in the aggregate have a front surface area facing surrounding streets and adjacent properties that exceeds fifty (50) square feet in area.

Flexibility. In reviewing an application for a wireless communications facility, the special permit granting authority may reduce the required setback distance of the zoning district by as much as fifty percent (50%) of the required distance, if it finds that such reduction shall substantially better serve the purposes of this article. In making such a finding, the special permit granting authority shall consider both the visual and safety impacts of the proposed use.

Camouflage by preexisting buildings or structures.

Camouflage by vegetation. If wireless communications 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 wireless communications facilities shall provide a year-round vertical evergreen vegetated buffer of fifty (50) feet, or seventy-five percent (75%) of the overall height of the structure, in all directions, whichever is less. Trees and vegetation may be existent on the subject property or installed as part of the proposed wireless communications facility or as combination of both. Vegetation should be natural in appearance and consistent with surroundings, and be reviewed and receive approval from the Town of Randolph Planning Department.

Color.

Equipment shelters must be located in underground vaults when reasonably practicable;

Equipment shelters must be designed consistent with the traditional materials, color and design of the area; and

Equipment shelters must be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence.

Wireless communications facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment shelters and any other structures on site shall be shielded from abutting property.

Signs shall be limited to the minimum number, size and type needed to identify the property and the owner and to warn of any danger. All signs are subject to review and approval by the Building Inspector, consistent with the purposes of this article.

All ground-mounted wireless communications facilities shall be surrounded by a security barrier, which barrier shall comply with § 200-61C.

Any wireless communications 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 wireless communications facility shall be fully reversible.

Preapplication conference. Prior to submission of an application for a special permit under this regulation, the applicant shall meet with the special permit granting authority at a public meeting to discuss the proposed wireless communications facility in general terms and to clarify the filing requirements.

Preapplication filing requirements. The purpose of the preapplication conference is to inform the special permit granting authority as to the preliminary nature of the proposed wireless communications facility. As such, no formal filings are required for the preapplication conference. However, the applicant shall prepare and present sufficient preliminary architectural and/or engineering drawings to inform the special permit granting authority of the location of the proposed wireless communications facility, as well as its scale and overall design.

Hazards to air navigation.

The applicant's access to the wireless communications facility will not increase the risks of contamination to the Town's water supply;

There is sufficient room on the structure and/or the ground to accommodate the applicant's wireless communications facility;

The presence of the wireless communications facility will not increase the water tower maintenance cost to the Town; and

The presence of the wireless communications facility will not be harmful to the health of workers maintaining the water tower or reservoir.

Licensed carriers shall share wireless communications facilities and sites where feasible and appropriate, thereby reducing the number of wireless communications facilities that are standalone structures. All applicants for a special permit for a wireless communications facility shall demonstrate a good faith effort to co-locate with other carriers, by providing:

An applicant shall demonstrate to the special permit granting authority that it has made a good faith effort to co-locate its wireless communications facility upon an existing wireless communications facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer 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.

If the special permit granting authority grants a special permit for collocated wireless communications facilities, the special permit shall state how many wireless communications facilities of what type shall be permitted on that site. Subject to § 200-63, wireless communications facilities to be located on an existing monopole for which a special permit issued under this article is in effect shall require no further zoning approval. The addition of any wireless communications facilities not specified in the approved special permit, however, shall require a new special permit.

In order to determine compliance with all applicable FCC regulations, estimates of RFR emissions will be required for all wireless communications facilities, including proposed and future wireless communications facilities both for the applicant and all co-locators.

Upon issuance of a special permit under this article and after the wireless communications facility is in operation, the applicant shall submit to the Building Inspector, within ninety (90) days of beginning operations, and on each anniversary date of issuance of the Special permit, preexisting and current RFR measurements. Such measurements shall be signed and certified by an RF Engineer, registered as a professional engineer in the Commonwealth of Massachusetts, stating that the RFR measurements are accurate and whether they are in compliance with FCC Guidelines and, if they are not in compliance, how the measurements fail to comply with all applicable FCC Guidelines as specified in § 200-70. The measurements shall be submitted for both the applicant and all co-locators.

Upon issuance of a special permit under this article and after the wireless communications facility is in operation, the applicant shall submit to the Building Inspector, within ninety (90) days of the issuance of the special permit, preexisting and current measurements of acoustic noise from the wireless communications facility. Such measurements shall be certified and signed by an acoustical engineer, registered as a professional engineer in the Commonwealth of Massachusetts, stating that noise measurements are accurate and whether they meet the noise standards of § 200-61G and, if they are not in compliance, how they fail to comply.

The applicant and co-applicant shall maintain the wireless communications facility. Such maintenance shall include, but shall not be limited to, painting, structural integrity, landscaping and general cleaning of the site.

Failure by the applicant to provide the information required in this section shall result in a fine imposed on the applicant of $300 for each offense. Each day that such violation continues shall constitute a separate offense.

At such time that a licensed carrier plans to abandon or discontinue operation of a wireless communications facility, such carrier will notify the Building Inspector by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations.

Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless communications facility within ninety (90) days from the date of abandonment or discontinuation of use, including but not limited to removal of tower, antennas, mount, equipment shelter(s) 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, and restoration of the location of the wireless communications facility to its natural condition, except that any landscaping and grading shall remain in the "after" condition approved by the special permit granting authority in connection with the grant of the special permit.

As a condition of any special permit for the placement, construction, installation or modification of a wireless communications facility, a carrier shall place into escrow a sum of money, to be determined by the special permit granting authority, to cover the costs of removing the wireless communications facility from the subject property, necessary funds to be held by an independent escrow agent to be jointly appointed by the carrier and the special permit granting authority. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property, to allow the escrow agent to enter upon the subject property to remove the wireless communications facility when the wireless communications facility has been abandoned or discontinued.

A wireless communications facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. In the event that the carrier fails to remove the wireless communications facility, in accordance with Subsection B, above, the Town shall give notice to the carrier and the independent escrow agent that the wireless communications facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven (7) days in advance to the carrier, shall remove the wireless communications facility.

Failure to follow the provisions of this section shall result in a fine of $300 for each offense. Each day that such violation continues shall constitute a separate offense.

Upon issuance of a special permit, the applicant shall procure insurance in a reasonable amount determined and approved by the special permit granting authority after consultation, at the expense of the applicant, with one (1) or more insurance companies to cover damage from the structure, damage from transmissions and other site liabilities. On each anniversary date of the issuance of the special permit, the applicant shall file proof of insurance with the Building Inspector.

Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the Building Inspector by the applicant.

A special permit issued under this article shall be in effect for two (2) years and may be renewed pursuant to the same criteria as applied to the original special permit, provided that the application for renewal of the special permit is made thirty (30) days prior to the expiration date of the original or any renewed special permit.

A special permit issued under this article shall lapse if substantial use or construction has not commenced within one (1) year of the date of issuance. Construction pursuant to a special permit, once begun, shall be actively and continuously pursued to completion within a reasonable time. Any extension, addition of cells or construction of new or replacement towers shall be subject to an amendment of the special permit following the same procedure and under the same criteria as applied to the original grant of a special permit.