Wayland City Zoning Code
ARTICLE 15
Wireless Communications Services District
§ 198-1501 Purpose.
1501.1.
For the purposes of this Article 15, "wireless communications services" shall mean the provision of the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service. It is anticipated that such services will be provided via wireless communications facilities that may include a tower, one or more antennas and one or more accessory structures. The purpose of this Article 15 is to establish a district in which wireless communications services may be provided while preserving and protecting the public health, safety and general welfare. Specifically, the Wireless Communications Services District has been created to:
§ 198-1502 Location.
1502.1.
The Wireless Communications Services District shall be located on land owned by the Town of Wayland known as the "old landfill site" (as shown in the Atlas of the Town of Wayland, Massachusetts, 1996, on Plates 22 and 23, Parcels 22-001 and 22-002), and part of the land known as the "new landfill site" (as shown in the Atlas of the Town of Wayland, Massachusetts, 1996, on Plates 17, 21 and 22, inclusive, that part of Parcel 17-018 that is south of a continuation of the parcel line that extends northeasterly from the point of the intersection of parcel lines for Parcels 21-010A, 21-012F, 22-004 and 17-018 to meet the northeast parcel line of Parcel 17-018, Parcels 21-010A, 22-003, 22-004, 22-006 and 22-007) and on the land comprising the portion of the so-called Massachusetts Bay Transit Authority, currently known as "Massachusetts Bay Transportation Authority (MBTA), "right-of-way from its boundary with the southerly sideline of Boston Post Road (Route 20), westerly to its westemmost boundary with the Town of Sudbury as shown in the Atlas of the Town of Wayland, Massachusetts, 1996, on Plates 22, 26 and inclusive, and as shown on the plan entitled "Town of Wayland Wireless Communications Services District Special Town Meeting - November 17, 1999," dated September 16, 1999, prepared by the Town of Wayland Survey Department, a copy of which plan is on file in the Office of the Town Clerk.
[Amended 11-17-1999 STM by Art. 3; 5-4-2000 ATM by Art. 33]
1502.2.
The Wireless Communications Services District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.
§ 198-1503 Use restrictions.
1503.1.
A wireless communications facility may be erected in the Wireless Communications Services District upon the issuance of a special permit by the Planning Board pursuant to § 198-203 and subject to site plan approval as set forth in Article 6 of this Zoning Bylaw, if the Planning Board determines that the adverse effects of the proposed facility will not outweigh its benefits to the Town in view of the particular characteristics of the site and of the proposal in relation to the site. Said determination shall include consideration of each of the following:
1503.1.1.
The communications needs served by the facility.
1503.1.2.
Traffic flow and safety, including parking and loading.
1503.1.3.
Adequacy of utilities and other public services.
1503.1.4.
Impacts on neighborhood character, including aesthetics.
1503.1.5.
Impacts on the natural environment, including visual impacts.
1503.1.6.
Potential fiscal impacts, including impacts on Town services, tax base and employment.
1503.1.7.
Potential human health hazards due to radio signal radiation, to the extent not contrary to federal law.
1503.2.
In addition, such facility may be erected in said district, subject to the following conditions:
1503.2.1.
To the extent feasible, all service providers shall collocate their antennas on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten-year period) technically practicable.
1503.2.2.
New towers shall be considered only upon a finding by the Planning Board that existing or approved towers cannot accommodate the antennas planned for the proposed tower.
1503.2.3.
Any new wireless communications facility tower shall be of the monopole type only; no lattice or guy-wire towers and no teleports shall be permitted, and the Planning Board may allow and/or limit the use and size of parabolic antennas and of repeaters.
1503.2.4.
Any wireless communications facility erected in the portion of the Wireless Communications Services District comprising the portion of so-called MBTA right-of-way located between its westernmost boundary with the Town of Sudbury and its boundary with the southerly sideline of Route 20, as described in Section 198-1502.1 of this Zoning Bylaw, shall be mounted on and attached to one of the Boston Edison Company (BECO) electric transmission towers located therein numbered 94 through 102, inclusive, except for structures which are accessory to such wireless communications facilities. Except for the BECO towers, the highest point of any antenna support structure or of any antenna or any component thereof or attachment thereto shall not exceed 10 feet above the lesser of the preexisting significant tree canopy elevation or the proposed postconstruction significant tree canopy elevation, as defined in § 198-1503.2.4.2 below.
[Amended 11-17-1999 STM by Art. 3]
1503.2.4.1.
Except for the BECO towers, if there is no significant tree canopy elevation, as defined in § 198-1503.2.4.2 below, the maximum height of any antenna support structure or any antenna or any component thereof or attachment thereto shall not exceed 55 feet above finished grade of ground elevation.
1503.2.4.2.
For the purpose of this Article 15, "significant tree canopy elevation" shall be defined as the arithmetic average of the elevations of the tops of all trees at least 6 inches in diameter at four feet and over 20 feet tall in a stand of trees, all of which are located within a 150-foot radius of the base of the proposed antenna support structure, provided that at least 10 such trees are in said stand. Elevations shall be measured with respect to mean sea level datum.
1503.2.5.
Except for the BECO towers, no antenna, nor any support structure, nor any antenna or any component thereof or attachment thereto shall be located at a height in excess of 55 feet, unless there is such a significant tree canopy elevation, as defined in § 198-1503.2.4.2 above.
1503.2.6.
Finished grades shall not be distorted above the preexisting natural grades as a way to achieve additional height.
1503.2.7.
Except for the BECO towers, a wireless communications facility shall not be erected nearer to any property line than a distance equal to the vertical height of the wireless communications facility, measured at the mean finished grade of the tower base.
1503.2.8.
To the extent feasible, all network interconnections from the wireless communications facility made via land lines shall be via underground lines.
1503.2.9.
Existing on-site vegetation shall be preserved to the maximum extent practicable.
1503.2.10.
The wireless communications facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Planning Board may impose reasonable conditions to ensure this result, including painting and lighting standards.
1503.2.11.
Traffic associated with the wireless communications facility shall not adversely affect abutting ways.
1503.2.12.
The applicant shall obtain written, legally valid and binding authorization for the use of each facility site from the owner thereof; and, where applicable, from the utility companies whose facilities are used; and from the Select Board with respect to public ways and Town-owned facilities.
1503.2.13.
Any antenna for use as a wireless communications facility shall not be installed, nor mounted on, nor attached to a new monopole tower or existing structure in any location that is within 900 feet of a lot line defining a parcel on which exists a dwelling, a school, a day-care center, a nursing home or an assisted or independent living facility.
1503.2.14.
Any antenna or equipment mounted on or attached to any of the BECO towers shall not extend more than 25 feet above the highest point of said towers.
1503.2.15.
The area around a tower, communication equipment shelters and related equipment shall be completely fenced for security to a height of six feet, and gated; and a sign shall be posted on or adjacent to all entry gates indicating the facility owner and a twenty-four-hour emergency telephone number.
1503.2.16.
All radio frequency radiation from any wireless communications facility:
1503.2.16.1.
Shall comply with Federal Communications Commission (FCC) Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation.
1503.2.16.2.
Shall comply with standards of the Massachusetts Department of Public Health (DPH), the National Council for Radiation Protection and the American National Standards Institute, insofar as such standards are more strict or limiting as to permissible human exposure than are the FCC Guidelines and may lawfully be applied.
1503.2.16.3.
Shall be controlled and limited as to frequency and power so as not to cause interference, by intermodulation or otherwise, with any Town facility or amateur facility.
1503.2.17.
Noise generated by any wireless communications facility, including auxiliary generators, shall not exceed 50 db at ground level at the property line at any public way on which it is located.
§ 198-1504 Submittal requirements.
1504.1.
As part of any application for a special permit, applicants shall submit, at a minimum, the information required for site plan approval as set forth herein at Article 6. Applicants shall also describe the capacity of any tower, including the number and types of antennas, number and types of radios and of channels per radio that it can accommodate, and the basis for the calculation of capacity and shall describe any accessory structures.
1504.2.
In addition, applicants shall submit:
1504.2.1.
The name and address of the applicant and all agents of the applicant and of all legal and beneficial owners of the site or sites proposed for a wireless communication facility, copies of all instruments, options, contracts or encumbrances affecting ownership of the site or sites, together with the opinion of an attorney concerning the state of the title thereto, and an instrument executed by all persons or entities owning property at the site or sites agreeing that the applicant is authorized by them to make the application and agreeing to comply with provisions of this Article 15.
1504.2.2.
A statement signed by the applicant, on oath and under penalties of perjury, that all information included in the submittal is materially accurate, true, complete and verifiable. Inaccurate, misleading or false information shall be grounds for disapproval of the application or revocation of approval.
1504.2.3.
Plans and other information identifying the site or sites proposed, including:
1504.2.3.1.
A map at an appropriate scale (to be determined by the Planning Board), showing lot lines of the subject property and of all properties within 2,000 feet of the perimeter of the facility and showing the footprint of all buildings on all such properties.
1504.2.3.2.
Specification on a copy of the Town Atlas Maps of the zoning district, including any overlay district, applicable to such properties.
1504.2.3.3.
The heights of all existing buildings and structures on such properties and the height of any proposed new structure on the subject property.
1504.2.3.4.
Average height of existing tree cover on such properties, specifying heights and principal species.
1504.2.4.
A map of the Town of Wayland, including all towns to a distance of five miles from Wayland boundaries, showing the locations of:
1504.2.4.1.
All existing wireless communications facilities.
1504.2.4.2.
All proposed wireless communications facilities the applicant expects to install and reasonably knows will be installed by other providers within the next 24 months following the submittal of the application.
1504.2.5.
A map showing:
1504.2.5.1.
The location of tree cover within 500 feet of the proposed facility.
1504.2.5.2.
Dominant tree species for each area of tree cover within 500 feet.
1504.2.5.3.
Topography contour lines at two-foot intervals to a distance beyond the proposed facility to be determined by the Planning Board, but not to exceed 1,000 feet, with reference contours to mean sea level datum.
1504.2.6.
True copies of all applications [to include any Notification of Nonionizing Radiation Source, and/or any Combined Request for Approval Under 105 CMR 122.000 (et seq.) and Employer Notification Under 453 CMR 5.000, (et seq.), and the like] and information submitted to the DPH, Radiation Control Program, or any other subdivision of the DPH, approval letter and any other notice from said Department or subdivisions and any revisions thereof; and true copies and any revisions thereof of all similar applications, notices, etc., submitted to the FCC.
1504.2.7.
A complete specification certified by a radio frequency engineer licensed by the Commonwealth of Massachusetts of:
1504.2.7.1.
The energy outputs at ground level and at six feet and 16 feet above ground level, actual and potential, and the power densities at ground level and at six feet and 16 feet above ground level, actual and potential, produced at 200 feet, 500 feet and 1,000 feet and at the location where maximum power density is expected, for each antenna sector, from the operation of each and every proposed new wireless communications facility to be added.
1504.2.7.2.
The cumulative energy outputs at ground level and at six feet and 16 feet above ground level, actual and potential, produced from all wireless communications facilities, and the cumulative power densities from the operation of all wireless communications facilities, actual and potential, produced at 200 feet, 500 feet and 1,000 feet and at the location where maximum power density is expected, for each antenna sector, from the operation of all wireless communications facilities, including any proposed new wireless communications facility.
1504.2.7.3.
With respect to such actual energy outputs and power densities, the data contained in such specification shall be from actual field measurements made within 30 days before the applicant submits the special permit/site plan review and approval application.
1504.2.8.
The beam widths at ground level for the energy outputs from each antenna sector and the degree of down-tilt of each antenna.
1504.2.9.
A complete description, including, but not limited to, data, drawings, catalogs, brochures, manufacturers' specifications, photographs and all other pertinent information relevant to the proposal describing antennas, equipment mounts and all other equipment and structures proposed for the site or related to the proposal; plus all of the information required by Article 6 of this Zoning Bylaw.
1504.2.10.
Data as to noise, certified by an acoustical engineer, specifying in decibels Ldn (logarithmic scale) both existing or ambient noise at each proposed site and the maximum noise to occur, comprising the aggregate of that existing and that resulting from the proposed wireless communications facility.
1504.2.11.
An environmental assessment meeting the standards set forth in § 198-1503.2.16, and the environmental assessment requirements of the FCC, together with evidence that the same has been submitted to and approved by the FCC.
§ 198-1505 Review and action by the Planning Board.
1505.1.
The Planning Board shall review and act upon an application for a special permit and site plan review and approval for a wireless communications facility in accordance with applicable provisions of MGL c. 40A, §§ 9 and 11; and in accordance with Articles 6 and 15 of this Zoning Bylaw; and:
1505.1.2.
May engage a radio frequency engineer, an acoustic engineer and such other professional consultants as it deems necessary to assist and advise it in its investigation and determination.
1505.1.3.
Shall require of each applicant and each holder of a special permit and site plan approval hereunder reasonable deposit for and reimbursement of all fees for the employment of appropriate consultants.
1505.1.4.
May limit the duration of a special permit.
§ 198-1506 Monitoring and inspections.
1506.1.
The applicant may be required to float a balloon or use a crane test at the location of a proposed tower or antenna to show its height and visibility. Such test shall be conducted two weeks prior to the public hearing and shall be advertised at the applicant's expense in a newspaper of general circulation in Wayland at least one week prior to the test.
1506.2.
Photo documentation after construction of the facility and just prior to becoming operational shall be required.
1506.3.
Prior to beginning operation of the wireless communications facility, background levels of electromagnetic frequency radiation shall be monitored for each antenna sector at ground level and at six feet and sixteen feet above ground level for points that are at 200 feet, 500 feet and 1,000 feet from the facility and at the locations where maximum power density is predicted, as listed in the application.
1506.4.
After operation of the facility has commenced, random monitoring of radio frequency and acoustic emissions shall be required. Electromagnetic frequency radiation shall be monitored for each antenna sector at ground level and at six feet and 16 feet above ground level for points that are at 200 feet, 500 feet and 1,000 feet from the facility, at the locations where maximum power density was predicted, as listed in the application, and at the locations where maximum power density occurs.
1506.5.
Inspection of the structural integrity and safety of all towers and equipment attached thereto shall be required. Monopoles shall be inspected every five years. Structures mounted on or attached to existing BECO towers shall be inspected every three years. Any modification of an existing facility that includes changes to tower dimensions or antenna numbers or type shall require a new structural inspection.
1506.6.
All required monitoring and inspections shall be performed by appropriate independent consultants selected by the Planning Board and paid for by the applicant/owner. Said consultants shall use monitoring and inspection protocols as outlined in applicable wireless communication facilities regulations or, in the absence of such regulations, as specified by the Planning Board. Reports of all monitoring and inspection results shall be prepared by the consultants and submitted to the Planning Board, to the Zoning Enforcement Officer, to the Building Commissioner and to the Board of Health.
§ 198-1507 Compliance and violations.
1507.1.
Every wireless communications facility for which a special permit is granted hereunder shall continue at all times to comply with the provisions thereof and of this Article 15; and the holder of such special permit shall comply with requirements of the Planning Board in fulfillment of the provisions for monitoring herein.
1507.2.
Every wireless communications facility and every application for a special permit for such facility shall comply with all other applicable provisions of this Zoning Bylaw, including, without limitation, requirements with respect to:
1507.3.
Wireless communications facilities shall comply with such standards applicable thereto as may from time to time be imposed by the Board of Health, to the extent that such standards are not contrary to federal or state laws.
1507.4.
The applicant shall be bound in the special permit and site plan approval processes and thereafter by the energy outputs and power densities at the locations as set forth in the special permit and site plan review and approval application and also with respect to the information contained in the application to the Radiation Control Program of the DPH.
1507.5.
If a wireless communications facility is determined to be in violation of any of the provisions of the special permit and/or site plan approval or any other applicable law or regulation, the Zoning Enforcement Officer shall cause to be served on the operator of the facility and on the owner of the land on or from which the violation is caused notice of such violation.
§ 198-1508 Modifications.
1508.1.
Any changes or modifications to an already approved wireless communications facility shall be made through the special permit/site plan review and approval process. All such changes or modifications shall include:
1508.1.1.
Any change of personal wireless services as defined in the Federal Communications Act of 1996, other than allowed under an existing special permit.
1508.1.2.
Any change of service that involves changing the physical appearance of the wireless communications facility.
1508.1.3.
Any change of tenant by collocation, regardless of the type of service.
1508.1.4.
Any change in equipment that, by nature of the change, increases the level of radio frequency emissions.
1508.1.5.
Any change in the physical appearance, physical characteristics or dimensions of the wireless communications facility.
1508.1.6.
Any change in or deviation from the existing special permit.
§ 198-1509 Liability insurance; removal and removal bond.
1509.1.
The special permit shall include a condition that any wireless communications services provider that operates a wireless communications facility in the Town of Wayland shall provide, for each such wireless communications facility, a certificate of insurance for bodily injury, in a form acceptable to the Planning Board, with coverage limits of not less than $5,000,000. For good cause, and after notice and a public hearing, the Planning Board may, from time to time, require the owner to increase the limits of such coverage.
1509.2.
If a wireless communications facility is not substantially in commercial operation for a period of one year, it shall be removed, and the site shall be returned to its preexisting condition by the owner of the facility and/or by the owner of the site within 180 days of notice by the Town. As part of an application for any wireless communications facility, a plan shall be submitted detailing how the site will be returned to its preexisting conditions, including planting of replacement trees, grading and removal of all structures and waste and any other work that may be required by the Planning Board, with a bond to be held by the Town, the amount of which shall be determined by the Planning Board. If the facility is not removed within said 180 days, the Town shall be empowered to use said bond for the removal of said facility.
§ 198-1510 Exemption.
1510.1.
The following type of wireless communications towers are exempt from this Article 15: amateur radio towers used in accordance with the terms of any amateur radio service license issued by the FCC, provided that the tower is not used or licensed for any commercial purpose.
1510.2.
Wireless communications facilities constructed by the Town of Wayland for municipal public safety communications purposes.