Webster City Zoning Code
ARTICLE VIII
Wireless Communications Facilities
§ 650-61 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A company that provides wireless services.
The use of a single mount on the ground or several mounts on an existing structure by more than one carrier.
Any antenna, dish or panel mounted out of doors on an already existing building or structure used by a commercial telecommunications carrier to provide telecommunications services. The term "communications device" does not include a Tower because that term is defined separately.
The party currently responsible for the maintenance and physical security of a Wireless Communications Facility (WCF). Initially this is the applicant. Since the applicant might lease the WCF site, the Operator might differ from the site's owner. The Operator is also distinct from other carriers who have co-located equipment on the WCF.
A locked, impenetrable wall or fence that completely seals an area from unauthorized entry or trespass.
Any equipment mounting structure that is used by a commercial telecommunications carrier to support reception or transmission equipment and that measures 12 or more vertical feet.
Any materials, equipment, storage structures, towers, dishes and antennas, other than customer premises equipment, used by a commercial telecommunications carrier to provide telecommunications or data services. This definition does not include facilities used by a federally licensed amateur radio operator nor television antennas and satellite dishes which are for residential use.
A structure designed to house both mechanical and electronic equipment used in support of Wireless Communications Facilities.
§ 650-62 Purpose.
The purpose of these Wireless Communications Facilities (WCF) regulations is to promote the health, safety, and general welfare of the community; to guide sound development; and to conserve the value of land and buildings. To these ends, this article seeks:
§ 650-63 WCF development requirements.
A.
Minimizing WCF sites with towers.
B.
(1)
Aesthetic impact towers.
(a)
A Tower shall be either a free standing monopole or a "tree tower" (i.e., a simulated tree).
(b)
Any proposed Tower must be the minimum height necessary to accommodate the use and in any event shall not be more than 120 feet in height unless the applicant demonstrates to the Board's satisfaction that a greater height is required to service the area.
(c)
The visual impact of a Tower shall be minimized by use of appropriate paint.
(d)
A Tower shall be sited such that its appearance from other areas of the Town is minimized and be screened from abutters and residential neighbors as much as possible.
(e)
Towers shall not be located within 750 feet of scenic roads.
(2)
Aesthetic Impact of Communications Devices.
(a)
Free, standing Communications Devices shall be located on the landscape, screened and painted in a manner, which minimizes visibility from abutting streets and residents.
(b)
Communication Devices that are located on a structure shall be screened whenever possible or painted or otherwise colored to minimize their visibility, and shall be integrated into such structures in a manner that blends with the structure; and shall not exceed 15 feet in height above the roof line of the structure.
(4)
General aesthetic impact.
(a)
Lighting shall be limited to minimal security lighting, emergency lighting, and that required by the Federal Aviation Administration.
(b)
WCF shall not generate noise in excess of 50 dB at the property line.
(c)
The maximum amount of vegetation shall be preserved.
(d)
WCF shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. The Planning Board shall determine the details of the buffer based on site conditions.
(e)
Each facility shall have at least one parking space, to be used in connection with the maintenance of the facility, and not to be used for storage of vehicles or other items.
C.
Ensuring public safety.
(1)
A Tower shall be set back from property lines a distance at least 120% of its height; and from schools, hospitals, and residential structures by at least 500 feet; and from scenic roads at least 750 feet.
(2)
WCF that include Towers shall be surrounded by a Security Barrier. Fencing shall be compatible with the scenic character of the Town. Razor wire fencing is prohibited.
(3)
There shall be a sign identifying the facility, the Operator, and an emergency telephone number where the Operator can be reached at any time. Other Permitted signs are danger/warning and "no trespassing" signs. Advertising signs are prohibited. All signs must conform to Section 10,[1] this bylaw's sign regulations.
(4)
WCF must comply with all applicable federal and state requirements.
§ 650-64 Review standards.
A.
WCF may be erected upon the grant of a special permit by the Planning Board.
B.
The applicant must be authorized by the FCC to construct and operate a commercial mobile radio services system. There may be co-applicants as well, such as the owner of the subject property.
C.
No WCF shall be erected or installed out of doors except in compliance with the provisions of this article. The provisions of this article apply to all WCF whether as a principal or an accessory use to any additions to, or replacement of, existing WCF.
D.
The Planning Board shall review the special permit application for conformance with the Special Permit Criteria under Massachusetts General Law.
E.
WCF that include a Tower shall be considered only after a finding that existing or previously approved towers, buildings, or structures cannot accommodate the proposed users. New Towers shall be considered by the Planning Board only upon finding by the Planning Board that:
(1)
The applicant has used reasonable efforts to co-locate its proposed WCF on existing or approved facilities; and
(2)
That the applicant either was unable to negotiate commercially reasonable lease terms with the owner of an existing or approved facility that could accommodate the proposed facilities from both structural and radio frequency engineering perspectives; or that no such structure exists or is proposed.
F.
To make an informed review of the applicant's proposal, the Board may request information such as the following:
(1)
A Town-wide map showing the location of other existing WCF and WCF proposed by this applicant in the Town and within one mile of the Town.
(2)
A locus plan at a scale of one inch equals 200 feet showing all property lines, streets, landscape features, and all buildings within 500 feet of the facility. It shall show the exact location of the proposed facilities including antennas, mounts, equipment, shelters, security barriers, and parking. It shall show all proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
(3)
Existing (before condition) photographs and proposed (after condition) renditions. The before condition photos shall illustrate what can be currently seen from any public road within 300 feet. The after condition renditions shall show the same view with proposed facility superimposed.
(4)
To demonstrate the visual impact of a proposed Tower, the applicant shall fly a three-foot diameter balloon or place a crane at the proposed site at the maximum height of the proposed Tower on a weekend day between the hours of noon and 3:00 p.m. The date and location of the demonstration shall be advertised at least 14 days, but not more than 21 days, before the demonstration in a newspaper of general circulation in the Town. Photographs of the demonstration showing the impact on the proposed tower on abutting street, adjacent property owners and residential neighborhoods shall be submitted.
G.
Applicants proposing to erect WCF on municipally owned land or structures shall provide evidence of contractual authorization from the Town.
H.
The Planning Board may require the applicant to pay reasonable fees for professional review of the applicant's proposal by a professional or radio frequency engineer, attorney or other qualified professional.
I.
Procedurally, the Planning Board shall act on an application for a special permit for the placement of a WCF pursuant to MGL c. 40A, § 9. Any denial shall be in writing and supported by substantial evidence contained in the record.
§ 650-65 Conditions.
The following conditions shall apply to all grants of special permits pursuant to this article:
A.
For Towers on Town property, the Operator must execute an agreement with the Town whereby the Operator indemnifies and holds the Town harmless against any claims for injury or damage resulting from or arising out of the use of occupancy of the Town owned property by the Operator.
B.
For all Towers, the Operator must execute an agreement with the Town whereby the Operator shall, at its own expense, after the Tower has been unused for one year, remove all WCF thereon and restore the premises to its original condition. To protect the Town's interest, in the event that the Operator breaches this agreement, the Operator shall provide the Town with:
C.
For all Towers, the Operator must execute an agreement with the Town whereby the Operator will allow the other carriers to lease space on the Tower so long as such use does not interfere with the Operator's use of the Tower.
D.
For all WCF, each year, on the anniversary of the issuance of the Special Permit, the Operator must submit to the Building Inspector:
(1)
Certification of their compliance with all applicable federal and state requirements;
(2)
Certification of their possession of all necessary licenses to operate such a facility;
(3)
Certification that the WCF is still in use;
(4)
For Towers on Town property, a Certificate of Insurance for liability coverage naming the Town as an additional insured.
E.
For all WCF, the Operator shall maintain the WCF — including painted finish, security barrier and landscaping — in good condition.
§ 650-66 Exceptions.
A.
Amateur radio towers used in accordance with the terms of any amateur radio license issued by the Federal Communications Commission shall be exempt from the provisions of the bylaw, provided that: (1) the Tower is not used or licensed for any commercial purpose.
B.
Facilities used for the purposes set forth in MGL c. 40A, § 3, shall also be exempt.