Salisbury City Zoning Code
ARTICLE XIX
Wireless Communications Facilities
[Added 10-25-1999 ATM by Art. 10[1]]
[1]
Editor's Note: Under Art. 20 of the May 2001 Town Meeting the Wireless Communications Overlay District Facilities Map was adopted. This map is on file at the office of the Building Inspector.
§ 300-121 Purpose.
The purpose of this article is to:
A.
Minimize the adverse impacts of wireless communication facilities (hereinafter "WCF") on adjacent properties and residential neighborhoods;
B.
Minimize the overall number and height of such facilities to only what is essential;
C.
Promote shared use of existing facilities to reduce the need for new ones;
D.
Encourage the most appropriate use of the land and to guide sound development while promoting the health, safety and general welfare of the Town; and
E.
Establish districts in which WCF's may be located.
§ 300-122 Wireless Communication Districts.
Wireless communication facilities may only be located the Town of Salisbury in accordance with this bylaw. To achieve the above purpose, this section establishes the following Wireless Communication Districts:
A.
Wireless Communication District A. This overlay district consists of all land located in the Light Industrial District (I), and the following parcels located in the Low-Density Residential District (R1), Medium-Density Residential District (R2) and Beach Commercial District, as shown on the Official Zoning Map for the Town of Salisbury: Assessor’s Map 28, Lots 5 and 56 and Assessor’s Map 30, Lot 1. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in § 300-123 of this bylaw. The following additional uses shall be allowed:
[Amended 5-14-2007 ATM by Art. 11]
(1)
Indoor WCF's allowed as of right subject to the dimensional requirements and performance and design standards of this article;
(2)
Building-mounted WCF's, allowed subject to site plan review from the Planning Board and the dimensional requirements and performance and design standards of this article;
(3)
New freestanding WCF's, lattice or monopole types, allowed subject to a special permit and site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
(4)
One new attachment WCF, small cell type, allowed subject to site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
[Added 10-23-2017 ATM by Art. 22]
(5)
More than one new attachment WCF, small cell type, allowed subject to special permit and site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
[Added 10-23-2017 ATM by Art. 22]
B.
Wireless Communication District B. This district consists of the Low-Density Residential District (R1) and the Commercial (C) District, Commercial 4 (C-4) District, Lafayette-Main (LM-A) Subdistrict A, Lafayette-Main (LM-B) Subdistrict B, Lafayette-Main (LM-C) Subdistrict C, Lafayette-Main (LM-D) Subdistrict D, and Lafayette-Main Commercial as shown on the Official Zoning Map for the Town of Salisbury. Within this district all of the requirements of the underlying zoning district(s) continue to apply, with the exception of the maximum height allowance, which is established in § 300-123 of this bylaw. The following additional uses shall be allowed:
[Amended 10-23-2017 ATM by Art. 22]
(1)
Indoor WCF's allowed as of right subject to the dimensional requirements and performance and design standards of this article;
(2)
Building-mounted WCF's allowed subject to site plan review from the Planning Board and the dimensional requirements and performance and design standards of this article;
(3)
Monopoles allowed subject to a special permit and site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
(4)
One new attachment WCF, small cell type, allowed subject to site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
(5)
More than one new attachment WCF, small cell type, allowed subject to special permit and site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
C.
Wireless Communication District C. This overlay district consists of all of the Beach Commercial, Commercial 2, and Commercial 3 Zoning Districts and the following parcel located in the Medium-Density Residential District (R2) as shown on the Official Zoning Map of the Town of Salisbury: Assessor’s Map 12, Lot 109. Within this district all of the requirements of the underlying zoning district(s) continue to apply with the exception of the maximum height allowance, which is established in § 300-123 of this Bylaw.
[Amended 10-23-2006 ATM by Art. 5]
(1)
Indoor WCF's allowed as of right subject to the dimensional requirements and performance and design standards of this article;
(2)
Building-mounted WCF's allowed subject to site plan review from the Planning Board and the dimensional requirements and performance and design standards of this article.
(3)
One new attachment WCF, small cell type, allowed subject to site plan review from the Planning Board and subject to the dimensional requirements and performance and design standards of this article.
[Added 10-23-2017 ATM by Art. 22]
(4)
More than one new attachment WCF, small cell type, allowed subject to a special permit and site plan review from the Planning Board and subject to the dimensional requirements and performance standards of this article.
[Added 10-23-2017 ATM by Art. 22]
§ 300-123 Dimensional requirements.
A.
Freestanding lattice-type WCF's shall:
(1)
Not exceed 160 feet in height, measured from the base of the tower to the highest point of the tower or its projections;
(2)
Be set back from the property lines of the lot on which it is located by at least 160 feet measured from the center of the structure of the WCF base;
(3)
Be located a minimum of 200 feet from the nearest residential building within a residentially zoned district;
(4)
Be separated from another freestanding WCF by 200 feet.
B.
Building-mounted WCF's shall not:
(1)
Exceed 15 feet above the rooftop of a supporting building, including any penthouse, parapet or other similar structure extending above the rooftop;
(2)
Exceed 15 feet above the highest point of a water tower or water tank.[1]
[Amended 5-14-2007 ATM by Art. 11]
[1]
Editor’s Note: Former Subsection B(3), which provided that building-mounted WCF’s shall not exceed the highest point of a smokestack, which immediately followed this subsection, was repealed 10-23-2017 ATM by Art. 22.
C.
Freestanding monopole-type WCF's shall:
(1)
Not exceed 100 feet in height, measured from the base of the tower to the highest point of the tower or its projections;
(2)
Be set back from the property lines of the lot on which it is located by at least 140 feet measured from the center of the structure of the WCF base;
(3)
Be located a minimum of 200 feet from the nearest residential building within a residentially zoned district;
(4)
Be separated from other freestanding WCF's by a minimum of 200 feet;
(5)
Have a treed buffer of 100 feet in diameter containing an average canopy height of 50 feet at the time of application;
(6)
Be concealed by the use of camouflaging materials to look like a tree;
(7)
Be located on a parcel of land of at least two acres.
D.
Small-cell-type WCF's shall:
[Added 10-23-2017 ATM by Art. 22]
(1)
Be an attachment that co-locates with an existing structure in which such structure is currently supporting, designed to support, or proven to be capable of supporting the WCF attachment;
(2)
Be no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet. All other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet or such higher limit as established by the Federal Communications Commission;
(3)
Not include the following types of associated equipment in the equipment volume calculation: electric meter, concealment, telecommunications demarcation boxes, backup power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services;
(4)
Be attached to a support structure no lower than 15 feet in height;
(5)
Be designed so as to minimize visual impact on surrounding properties;
(6)
Have the cable that connects between the antennas and the equipment box contained inside the pole or support structure or shall be flush mounted and covered with a metal, plastic or similar material cap matching the color of the pole or structure on which it is installed, property secured and maintained by the applicant.
§ 300-124 Performance standards and general requirements.
The following performance standards and general requirements shall apply to all WCF's:
A.
Compliance with federal and state regulations. All WCF's shall be erected, installed, maintained and used in compliance with all applicable federal and state laws, rules and regulations, including radio frequency emission regulations as set forth in Section 704 of the 1996 Federal Telecommunications Act.
B.
Collocation of WCF's.
(1)
WCF's should be designed to accommodate the maximum number of users technologically practical. Shared use of freestanding, building-mounted, or indoor WCF's by commercial carriers may be required unless such shared use is shown to be not technologically practical. The intent of this requirement is to reduce the number of separate facilities which will require location within the community.
(2)
All owners and operators of land used in whole or in part for a WCF and all owners and operators of such WCF should, as a continuing condition of installing, constructing, erecting and using a WCF, permit other public utilities or FCC-licensed commercial entities seeking to operate a WCF to install, erect, mount and use compatible WCF equipment and fixtures on the equipment-mounting structure on reasonable commercial terms; and shall permit reasonable collocation to the Town of Salisbury of communication systems to support the Town’s emergency, safety and utility services and the public schools that serve its children; provided, however, that such collocation does not materially interfere with the transmission and/or reception of communication signals to or from the existing WCF, and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional WCF or fixtures.
[Amended 5-14-2007 ATM by Art. 11]
C.
Removal of abandoned WCF.
(1)
Any WCF that is not operational for a continuous period of 12 months shall be considered abandoned, and the WCF shall be removed by the owner of the WCF, and the site restored to its original condition, within 90 days of receipt of notice from the Building Inspector notifying the owner of such abandonment.
(2)
If such WCF is not removed within 90 days, such WCF shall be deemed to be in violation of this Zoning Bylaw and the appropriate enforcement authority may begin proceedings to enforce and/or cause removal. If there are two or more users of a single WCF, then this provision shall not become effective until all users cease using the WCF.
§ 300-125 Design standards.
The following design standards shall apply to all freestanding WCF's, except for Subsection A, which shall apply for all exterior WCF's:
A.
All exterior WCF equipment and fixtures shall be painted or otherwise screened or colored to minimize their visibility to occupants or residents of surrounding buildings, streets and properties and shall blend in with the landscape or the structures on which they are located or attached to the extent practical. WCF equipment and fixtures visible against the sky or other background shall be colored to minimize visibility against such background. The maximum amount of vegetation shall be preserved during construction of any WCF.
[Amended 10-23-2017 ATM by Art. 22]
B.
All freestanding WCF's shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.
C.
To the extent feasible all network interconnections from any WCF shall be installed underground, or inside an existing structure.
D.
Fencing shall be provided to control access to wireless communications facilities and shall be compatible with the scenic character of the Town. Fencing shall not be of razor wire.
E.
There shall be no signs, except for announcement signs, "No Trespassing" signs and a required sign giving a phone number where the owner can be reached on a twenty-four-hour basis. All signs shall conform with Chapter 214, Signs, of the Town Code.
[Amended 10-23-2006 ATM by Art. 5]
F.
Night lighting of freestanding WCF's shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required by the FAA.
G.
There shall be a maximum of one parking space for each freestanding 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 buildings and/or storage sheds shall be limited to one building per use per tower. If more than one use, the accessory buildings shall be connected by a common wall. Each building shall not exceed 300 square feet in size and 10 feet in height and shall be of the same design and color.
§ 300-126 Special permit.
A.
Application process.
(1)
All special permit applications for WCF's shall be made and filed on the appropriate application form. For an application to be considered complete it shall contain nine copies of the following information:
(a)
A color photograph or rendition of the proposed monopole/lattice tower with its antenna and/or panels. A rendition shall also be prepared providing eight view lines in a one-mile radius from the site, shown beginning at true North and continuing clockwise at forty-five-degree intervals.
(b)
A description of the monopole/lattice tower/small cell and the technical, economic and other reasons for the proposed location, height and design.
[Amended 10-23-2017 ATM by Art. 22]
(c)
Confirmation that the monopole/lattice tower/small cell will comply with all applicable federal and state standards, including, but not limited to, the Federal Aviation Administration, Federal Communications Commission, Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
[Amended 10-23-2017 ATM by Art. 22]
(d)
A description of the capacity of the monopole/lattice tower, including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations.
(2)
Before the Planning Board votes on the special permit, the applicant shall arrange to locate a temporary structure, approved by the Planning Board, at the site in a manner that replicates the exact height and location of the proposed monopole/lattice tower. The structure shall remain in position for no less than eight hours for two consecutive days. The applicant will provide a set of dates, as described hereinabove, to view the temporary structure as well as an alternative set of dates in the event of poor visibility on account of adverse weather conditions. These dates shall be advertised in a newspaper of general circulation in the Town at least 14 days before the siting, and notice shall be sent to abutting property owners.
[Amended 5-14-2007 ATM by Art. 11; 10-23-2017 ATM by Art. 22]
B.
In addition to applying the special permit general conditions described in Article VII, § 300-35, bylaw, and the standards, requirements or conditions set forth in this Article XIX, the Planning Board shall review the special permit application in accordance with the following criteria:
[Amended 5-14-2007 ATM by Art. 11]
(1)
An applicant proposing a freestanding WCF shall prove to the satisfaction of the Board that the visual, economic and aesthetic impacts of the facility on the community will be minimal. The applicant must also demonstrate that the facility needs to be located at the proposed site due to technical, topographical or other unique circumstances. In determining whether to issue a special permit, the Board shall consider the following factors: height of the proposed WCF; the nature of uses adjacent and nearby properties; surrounding topography; surrounding tree coverage and foliage; the visual impact of the facility on the abutting neighborhoods and streets; and the impact on existing vistas and natural resources.
(2)
No freestanding WCF shall be erected or installed except in compliance with the provisions of this article. Any proposed extension in the height or construction of a new or replacement of a facility shall be subject to a new application for a special permit. The addition of cells, antennas or panels to an existing facility does not require the issuance of a special permit but is subject to site plan review.
C.
Conditions of approval. The following conditions of approval shall apply to all grants of applications for WCF's that require a special permit as indicated by the above Table of Uses in § 300-122 herein:
(1)
If a freestanding exterior WCF is to be placed on municipal property the following conditions must be satisfied:
(a)
Certificate of insurance for liability coverage in the amount of $1,000,000 must be provided naming the Town as an additional insured.
(b)
An agreement whereby the user indemnifies and holds the Town harmless against any claims for injury or damage resulting from or arising out of the use or occupancy of the Town-owned property by the user.
(c)
A cash bond in a reasonable amount determined and approved by the Board shall be in force to cover removal of WCF and restoration of site to the condition that the premises were in at the onset of the lease, when use of said WCF becomes discontinued or obsolete. The amount is to be payable to the Town in the event that the user breaches the conditions of § 300-124C of this bylaw.
(2)
In addition to the above, the Board may impose additional conditions as needed to minimize any adverse impacts of the proposed WCF.
§ 300-127 Modification.
[Added 10-23-2017 ATM by Art. 22[1]]
In the event of a modification request of an approved application which does not demonstrate substantial alterations to the physical dimensions of the WCF or base station, the applicant shall petition the Planning Board to review the modifications and the Planning Board shall not unreasonably deny the request.
[1]
Editor's Note: Pursuant to this article, former §§ 300-127 and 300-127.1 were renumbered as §§ 300-127.1 and 300-127.2, respectively.
§ 300-127.1 Exemptions.
The following types of WCF's are exempt from this bylaw:
A.
Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission, provided that the tower is not used or licensed for any commercial purpose.
B.
Facilities used by the municipality for the purpose of public safety.
§ 300-127.2 Wireless Communications Facilities Overlay Districts Map
[Added 5-14-2007 ATM by Art. 11; amended 10-23-2017 ATM by Art. 22]
The Official Zoning Map of the Town of Salisbury is amended by adopting the Wireless Communications Facilities Overlay Districts Map dated September 2017, which map is incorporated in and made a part of this article and is on file with the Town Clerk.[1]
[1]
Editor's Note: Said map is on file in the Town offices.