The purposes of these regulations are to minimize adverse impacts of wireless communications facilities, satellite dishes and antennas to the community's neighborhoods and traveled ways; minimize the overall number and/or height of such facilities to provide mandated coverage pursuant to the Telecommunications Act; and promote the integration of such facilities with existing buildings and the shared use of existing facilities to reduce the need for new individual towers to maintain existing neighborhood and community characteristics.

To further these purposes, two overlay districts are established as follows:

No wireless communications facility shall be erected or installed except in compliance with the provisions of this article of the ordinance.

The requirements of this article shall apply to all wireless communications facilities, except where federal or state law or regulations exempt certain users or uses from all or portions of the provisions of this article.

For the purposes of administering the permitting process for this article of the zoning ordinance, the Planning Board shall be the special permit granting authority (SPGA).

For the purpose of administering this article of the zoning ordinance, wireless communications facilities shall be considered accessory in use and structure to any principal use or structure located on the subject parcel.

Applicants seeking approval for the construction of a new ground-mount shall demonstrate that they have investigated configurations lower in numerical rank in the following tier ranking than the one for which they are applying and make a showing that demonstrates that the alternatives are singly or in aggregate insufficient to provide the necessary coverage, are more visible, are not available or feasible for aesthetic or have/has more of a detrimental impact on surrounding neighborhoods and the general community than use of the proposed location. In considering alternatives, the SPGA need not assess only single-site options. It may assess the combination of two or more locations to satisfy the needs of the applicant in an area.

New ground-mount facilities shall only be considered after a finding by the SPGA that one or more existing buildings, structures or ground-mount facilities cannot provide equivalent service for the service provider(s) than that of the proposed facility.

Collocation of new antennas on existing ground-mount facilities shall be allowed through the site plan review process, provided that the height of the ground-mount is not increased and the proposed equipment shelter/cabinet complies with the provisions of this article. A collocation that results in an increase in the height of the ground-mount shall require the issuance of a special permit.

Side- and roof-mounts, including antennas, and roof-mounted equipment shelters shall not project more than 20 feet above the roof in the vicinity of their point of attachment. Side-mounts shall not extend more than two feet horizontally from the mounting surface to which they are attached, unless camouflaged within a purpose-built decoy that integrates with the architecture of the building, in which case the dimension shall be established by the permit granting authority in the context of the case. Roof-mounts shall not project past the plane of the wall or other vertical surfaces that form a perimeter around the area of the mount. Side- and roof-mounts may locate on a building that is legally nonconforming with respect to height, provided that the mounts, with antennas, do not project above the existing building height, unless camouflaged, in which case the mount or antennas may exceed the nonconforming building height by up to 20 feet without the need for a variance or a finding under the provisions of § 300-4.2A of this ordinance, provided that the mount and antenna are compatible with the existing structure and surrounding neighborhood.

Structure-mounts, including those to be installed on existing structures that are legally nonconforming with respect to height, may extend up to 20 feet in height above the height of the existing structure by the installation of antennas and mounts without the need for a variance or a finding under the provisions of § 300-4.2A of this ordinance, provided that the extension is compatible with the structure and the surrounding neighborhood.

All ground-mount facilities shall be designed to be constructed at the minimum height necessary to achieve an RF signal strength in compliance with the communication provider's respective FCC license, or if no RF signal strength is set forth in the license, then the RF signal strength stated in FCC Form 601 or its replacement form on file with the FCC. In no case shall the height of a ground-mount facility exceed 190 feet as measured from the original ground level at the base of the mount. The SPGA shall make a finding regarding the minimum height necessary to comply with this provision. In order to facilitate collocation, the SPGA may require that a new ground-mount be constructed in a manner structurally sufficient to accommodate an increase in its height. The setback of a ground-mount from the property line of the lot on which it is located shall be at least equal to 25% of the height of the mount.

The permitting and construction of a ground-mount for speculation purposes is prohibited. All special permit and building permit applications for the construction of a ground-mount shall include an FCC-licensed provider of wireless service as an applicant or co-applicant for the site. The licensed FCC provider shall file with its application a copy of its license and its current FCC Form 601, or its replacement form.

Residential communication links shall be located in the side or rear yard or attached to the principal structure unless approved by the Planning Board through the site plan review process. All ground-mount residential communication links shall be screened from view from abutting streets or properties through the use of vegetative buffers. Building-mounted residential communication links shall not exceed six feet in height above the roofline of the structure, nor shall any building-mounted satellite reception dish be greater than three feet in diameter.

In accordance with MGL c. 40A, § 3 and 47 CFR 97.15, the height of antennas associated with federally licensed amateur radio operators shall not exceed the minimum height necessary to allow for reasonable communications.

When a wireless facility's antennas and mount extend above the height of a building or structure on which they are mounted, every reasonable effort shall be made to conceal them within or behind existing or custom-made architectural features to limit visibility from public ways and abutting property. Absent effective concealment alternatives, antennas, cables, and mounts should be placed to minimize their visibility and their impact on the building's or structure's silhouette. The use of coloration, purpose-built decoys and other methods of camouflaging the antennas shall be applied as suited to the circumstances.

Wireless communications facilities that are side-mounted on buildings shall be designed to be in harmony with the existing structure. Absent effective concealment alternatives, antennas, cables, and mounts should be painted or constructed of materials to match the color of the building material directly behind them in order to minimize their visibility and their obtrusiveness in the context of their installation.

If a wireless communications facility is not suitably screened from public view by existing buildings, structures or vegetation, the permit granting authority may require the installation of additional screening that may include a combination of fencing and deciduous and evergreen landscaping. The permit granting authority shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. All landscaping and screening shall be maintained. Trees or shrubs which die shall be replaced.

Where a wireless facility cannot be sufficiently screened from view as provided above, the permit granting authority may require that such facility must be designed to blend or be compatible with the natural and built features of the surroundings. Antenna mount designs may include, but are not limited to, flagpole, lookout tower, or faux tree designs. Other portions of wireless facilities, such as equipment cabinets, shelters, cables and utility connections, may require different degrees and types of mitigation than the associated mount, including but not limited to installation inside existing structures, installations of site-compatible structures with surrounding neighborhood structures.

To the extent that any wireless facility extends above the height of the structures and vegetation immediately surrounding it, the permit granting authority may require that it be colored in a manner that best blends with the visual background from the most critical points of view, unless the camouflage or concealment method requires different coloration (such as a white flagpole).

There shall be no signs, except for those necessary to control access, assure safety, provide emergency contact information or otherwise required by law. No sign shall be greater than eight square feet in size and six feet in elevation.

Night lighting of wireless communications facilities shall be prohibited unless said lighting prohibition results in a prohibition of service under the Telecommunications Act.

If required by the Planning Board, there shall be a minimum of one parking space for each wireless communications facility to be used in connection with the maintenance of the site, and it shall not be used for the permanent storage of vehicles or other equipment.

To the greatest extent possible, if applicable, as it relates to small wireless facility installations, applicants shall refer to the Small Wireless Facility Design Rules and Regulations Policy, which covers the general requirements and aesthetics for the design and installation of small wireless facilities and similar technology in the Town of West Springfield.

General.

Location requirements:

Design requirements:

The permit granting authority may waive any filing requirement it deems to be unnecessary to the review of the particular application.

In order to properly review and evaluate an application submitted to the Planning Board under the provisions of this section of the Zoning Ordinance, at the expense of the applicant, the Planning Board may hire or contract with the services of engineers or other persons with required technical expertise. Such hiring shall be done in consultation with the applicant and for reasonable fees.

Reconstruction of a preexisting nonconforming communications facility within the Commercial Communications Overlay District shall be allowed through the site plan review process, provided that the reconstruction does not result in either an increase in height of the facility or a material change in the character of the facility by way of its bulk, color or design.

Reconstruction of a preexisting nonconforming communications facility within the Residential Communications Overlay District shall be allowed by special permit issued by the Planning Board, provided that the reconstruction does not result in either an increase in height of the facility or a material change in the character of the facility by way of its bulk, color, design or area of coverage.

Upon request by the Building Commissioner, antennas and mounts associated with the wireless communications facilities shall be removed by the wireless facility operator within six months of cessation of use.

Upon request by the Building Commissioner, the owner of a wireless communications facility shall file a written statement that the operation of an existing facility complies with, or is exempt from, applicable regulations administered by the Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health. The owner may also periodically be required by the Building Commissioner to demonstrate compliance with applicable structural standards.

Prior to the issuance of a building permit for the construction of a ground-mount facility, the SPGA shall require an applicant to maintain during the existence of the facility a bond sufficient in the opinion of the SPGA to pay for the costs for the removal of a ground-mount facility in the event the Town must remove the facility after cessation of use.