Swansea City Zoning Code
ARTICLE XVII
Wireless Communication Facilities
§ 265-17.1 Purpose.
The purpose of this article is to regulate the placement of new wireless communication towers and the addition of wireless communication equipment to existing structures. The regulations serve to establish a procedure for application and variance from the regulations, establish design standards and locational requirements, and to encourage the co-location of equipment onto existing structures and in appropriate location.
§ 265-17.2 Applicability.
A.
New Towers and Facilities. The requirements set forth in this article shall govern the location of all new wireless communication towers, antennas, facilities and related equipment. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
B.
Amateur Radio Antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for antennas.
C.
Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article. Any proposed extension beyond 20 feet in the height of an existing facility or replacement of a facility shall be subject to the requirements of this article.
§ 265-17.3 General conditions.
A.
Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a non-conforming use or structure.
B.
Federal Requirements. All Wireless Communications Links 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, and any amendments thereto.
C.
Notice to Other License Holders. The Town of Swansea may send certified mail announcements to all other carriers conducting business in the Town describing the proposal in order to facilitate co-location.
D.
Co-Location of Wireless Communications Equipment. All owners and operators of land used in whole or in part for a Wireless Communications Link and all owners and operators of such Wireless Communications Link shall, as a continuing condition of installing, constructing, erecting and using a Wireless Communications Link, permit other public utilities or FCC licensed commercial entities seeking to operate a Wireless Communications Link to install, erect, mount and use compatible Wireless Communications equipment and fixtures on the equipment mounting structure on reasonable commercial terms provided that such co-location does not materially interfere with the transmission and/or reception of communication signals to or from the existing Wireless Communications Link and provided that there are no structural or other physical limitations that make it impractical to accommodate the proposed additional Wireless Communications equipment or fixtures.
E.
Building Permits/Site Plan Review. Building Permits are required for all wireless communications towers, antennas and related equipment. Site Plan Review is required for new towers, in accordance with Article IX of this Bylaw.
F.
Licensed Carriers. All applications must be submitted with a licensed carrier as an applicant or co-applicant.
§ 265-17.4 Permitted uses.
B.
Specific Permitted Uses. The following uses are specifically permitted:
(1)
Locating a tower or antenna, including the placement of supporting equipment used in conjunction with said tower or antenna, within the Wireless Facilities Overlay District.
(2)
Installing an antenna on an existing structure other than a tower (such as a building, sign, utility, pole, water tower, or other free-standing non-residential structure) that is 50 feet in height or greater so long as said additional antenna adds no more than 20 feet to the height of said existing structure.
(3)
Installing an antenna on any existing communication tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said tower. The Building Inspector has the option to require a structural analysis of the tower by submitted by a Massachusetts Professional Engineer, prior to approval of a building permit.
§ 265-17.5 Special permits.
A.
General. All wireless communications facilities not covered by § 265-17.4 "Permitted uses" above, shall require a Special Permit and shall be limited to the Business B and Limited Commercial and Manufacturing Districts. In granting a special Permit the Zoning Board of Appeals may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effects of the proposed tower or antenna on adjoining properties.
B.
Applications. All applications for wireless communications facilities shall be made and filed on the standard Special Permit form and filed with the necessary application fee. Such applications shall follow the requirements of Section VI.F. of this Bylaw for Site Plan Review. Beyond the requirements of that section, the following additional information is required:
(1)
A locus plan at a scale of 1"=1,000" which shall show all property lines, the exact location of the proposed structure(s), streets, landscape features, all buildings and their use within 300 feet of the facility, and distances at grade from the proposed tower to each building within the 300-foot radius of the facility.
(2)
Master siting plan for the carrier which includes a Town wide map showing the location and coverage areas for all existing and future facilities in the Town. (In the event that a portion of the Town is serviced by a facility located out of the Town's boundaries the coverage area shall be indicated on the Town wide map with a note on the location of the facility.) Also indicate location within the Town of wireless communication facilities of other carriers.
(3)
A color photograph or rendition of the proposed tower with its antenna and/or panels. A minimum of two renditions shall also be prepared illustrating the views of the tower or antenna from the nearest street, or from the view requested by the Zoning Board of Appeals.
(4)
The following information prepared by a professional engineer:
(a)
Description of the tower and the technical, economic and other reasons for the proposed location, height and design; confirmation that the tower complies with all applicable Federal and State standards and a description of the capacity of the tower including the number and type of panels antenna and/or transmitter receivers that it can accommodate and the basis for these calculations.
(b)
An analysis that demonstrates that it is not feasible to locate on an existing structure within a 1/2 mile radius of the proposed tower, including but not limited to, buildings, water towers, existing communications facilities, utility poles and towers. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. New facilities shall only be considered after a finding that existing (or previously approved) facilities cannot accommodate the proposed use.
(5)
Between submittal and the date of the advertisement of the public hearing a balloon shall be put in place at the height of the proposed tower on dates arranged with the Zoning Board of Appeals. The balloon shall be of a size and color that can be seen from every direction for a distance of one mile.
(6)
The applicant shall submit documentation of the legal right to install and use the proposed site, at the time of application.
§ 265-17.6 Design standards.
The following design standards shall apply to all towers and antennas approved by right or for which a Special permit is required.
A.
Setbacks and separation.
(1)
In order to ensure public safety, the minimum distance from the base of a wireless communication tower to any property line or building shall be 50% of the height of the tower including any antennas or other appurtenances. All towers shall be located a minimum of 300 feet from the nearest residential dwelling.
(2)
Guy wires and accessory facilities must satisfy the minimum zoning district setback requirements for accessory structures.
B.
Aesthetics and lighting.
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities into the natural setting and built environment. Preference will be given to facility designs that best fit into the proposed location.
(3)
Satellite dishes and/or antenna shall be situated on or attached to a structure in such a manner that they are screened, preferably not being visible from abutting streets. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.
(4)
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.
(5)
Towers shall not be artificially lighted unless required by the FAA or other applicable authority.
(6)
Towers shall not be higher than 170 feet, inclusive of antenna.
C.
Landscaping and fencing.
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient landscaping.
(2)
Towers and equipment shall be enclosed by security fencing not less than six feet in height, with appropriate anti-climbing devices.
D.
Other.
(1)
There shall be a minimum of one parking space for each facility to be used in connection with the maintenance of the site and not to be used for permanent storage of vehicles or equipment. The access drive and parking space shall be of bituminous concrete.
(2)
Wireless communication facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities which will be required to be located within the community.
§ 265-17.7 Maintenance and discontinuance of use.
A.
The applicant and co-applicant shall maintain the wireless communication facility in good condition. Such maintenance shall include, but shall not be limited to painting, structural integrity, security barrier and maintenance of the buffer areas and landscaping.
B.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Building Official notifying the owner of such abandonment.
C.
The co-applicant/owner shall post a bond which shall be reevaluated every two years to cover the cost of removal. If such antenna or tower is not removed within said 90 days, the Town may remove such antenna or tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
§ 265-17.8 Liability coverage.
Insurance in a reasonable amount shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual, proof of said insurance shall be filed with the Town Clerk.
§ 265-17.9 Proposed wireless communication tower sites.
ZONING MAP NUMBER | SITE | ROAD | ASSESSOR'S MAP & LOT |
|---|---|---|---|
1 | Nike Site/SYBIL | Nike Site Access Road | Map 30 Lot 24 |
2 | Police Station/Highway Garage | Gardner's Neck Road | Map 73 Lot 18 |
3 | Sears Farm | GAR Highway/Sears Road | Map 63 Lot 2 |
4 | Proposed Cemetery | Vinnicum Road | Map 22 Lot 16 |
5 | Baker's Tractor | GAR Highway | Map 36 Lot 43A |