West Stockbridge City Zoning Code
SECTION 8
Personal Wireless Service Facilities and Repeaters
8.1 Purposes.
The purposes of the Town of West Stockbridge Personal Wireless Service Facilities, Towers and Repeaters Bylaw are to:
8.1.1
Preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless services to be developed.
8.1.2
Protect the scenic, historic, environmental, and natural or man-made resources of the community.
8.1.3
Provide standards and requirements for regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities and repeaters.
8.1.4
Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities and repeaters.
8.1.5
Preserve property values, locate towers so as to minimize negative impacts on the general safety, welfare and quality of life in the community, such as, but not limited to, visual blight, attractive nuisance, noise and falling objects.
8.1.6
Require owners of personal wireless service facilities, towers and repeaters to configure them so as to minimize and mitigate the adverse visual impact of the facilities, towers and repeaters, including clustering, co-locating, and camouflaging where appropriate.
8.2 Consistency with federal law.
These regulations are intended to be consistent with the Telecommunications Act of 1996 in that: a) they do not prohibit or have the effect of prohibiting the provision of personal wireless services; b) they are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; and c) they do not regulate personal wireless services on the basis of the environmental effects of radiofrequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.
8.3 Definitions.
As used in this Section 8, the following terms shall have the meanings indicated:
The Telecommunications Act of 1996.
Capacity is considered to be "adequate" if the grade of service is p. 05 or better for a worst-case day in a preceding month, based on the Erlang B Tables, prior to the date of application; or as measured using direct traffic measurement of the personal wireless service facility in question for existing facilities requesting major modification, and where the call blocking is due to frequency contention at the antenna(s).
Coverage is considered to be "adequate" within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal for at least 75% of the covered area is greater than -95 dbm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95 dbm, as long as the signal regains its strength to greater than -95 dbm further away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain a strength of greater than -95 dbm.
A device which is attached to a tower or other structure for transmitting and receiving electromagnetic waves.
The primary sending and receiving site in a wireless telecommunications network.
The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions.
Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced by one milliwatt.
Electromagnetic frequency radiation.
A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless service facilities and required landscaping are located.
The special permit required to be obtained in order to install any tower or personal wireless service facility or for any major modification of an existing facility.
Federal Communications Commission. The Federal agency responsible for regulating telecommunications in the United States.
A report and order which sets new national standards for emissions of radiofrequency emissions from FCC-regulated transmitters. This report and order is now contained with 47 CFR Chapter I, § 1.1307.
A measure of the percentage of calls which are able to connect to the base station during the busiest hour of the day. Grade of service is expressed as a number, such as p.05, which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better grade of service.
Any removal or change in location of any repeater(s) from the site(s) for which a repeater special permit has been received.
Any change, or proposed change in power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), change in number of channels per antenna above the maximum number approved under an existing special permit. Also any increase, or proposed increase, in dimensions of an existing and permitted tower or other structure designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment.
The measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from individual personal wireless service facilities, towers, antennas or repeaters.
The testing protocol, initially the Cobbs Protocol, which is to be used to monitor the emissions from existing and new personal wireless service facilities and repeaters upon adoption of this Section 8. The SPGA may, as the technology changes, require, by written regulation, the use of other testing protocols. A copy of the monitoring protocol shall be on file with the Town Clerk.
A single self-supporting vertical pole with below-grade foundations.
All equipment (excluding any repeaters) with which a personal wireless service provider broadcasts and receives the radiofrequency waves which carry their services and all locations of said equipment or any part thereof. This facility may be sited on one or more towers or structure(s) owned and permitted by another owner or entity.
An entity licensed by the FCC to provide personal wireless services to individuals or institutions.
Commercial mobile services, unlicensed wireless services, and common-carrier wireless exchange access services. These services include: cellular services, personal communications services (PCS), specialized mobile radio services, and paging services.
Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above mean sea level, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations.
A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.
The location within the Town of West Stockbridge leased by one or more personal wireless service providers and upon which one or more repeater(s) and required camouflage or screening are located.
The special permit required to be obtained in order to install any repeater, or for major modification of an existing repeater within the Town of West Stockbridge.
The Planning Board shall be the SPGA for this use.
A multi-user commercial facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmission of data.
A monopole, lattice, or other structure that is designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment.
8.4 Scope.
8.4.1
This Section 8 specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch, citizen band radio, and amateur radio towers used exclusively by a federally licensed amateur radio operator. No personal wireless service facility or repeater shall be considered exempt from this Section 8 for any reason whether or not said facility or repeater is proposed to share a tower or other structure with such exempt uses.
8.4.2
There shall be no teleport(s) within the Town of West Stockbridge.
8.5 Special permit required.
No personal wireless service facility, tower, or repeater shall be erected, constructed, or installed or undergo major modification without first obtaining a special permit from the SPGA in accordance with the requirements set forth herein. One or both of two kinds of special permits are required: a) a facility/tower special permit (henceforth F/TSP) for new facility/tower construction (or major modification of an existing facility); b) a repeater special permit (henceforth RSP) for repeater(s) to be mounted on an existing or newly permitted tower or structure (or major modification of an existing repeater).
8.6 Application requirements.
8.6.1
For personal wireless service facilities or towers a F/TSP is required. The applicant must submit all information required in Subsection 8.6.2. For all repeaters proposed for installation, an RSP is required. An RSP may be applied for by an applicant who is currently applying for a F/TSP under this Section 8, or by an applicant who has previously received a F/TSP under this Section 8 or by an entity which is providing personal wireless services to the Town of West Stockbridge from a base station outside the Town. The applicant must submit all information required in Subsection 8.6.3. If the applicant is applying for both permits, the applications shall be submitted and examined concurrently.
8.6.2
Application requirements for facilities or towers.
8.6.2.1
General. The application shall include the following information:
8.6.2.1.1
The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized.
8.6.2.1.2
The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant.
8.6.2.1.3
Name, address, phone number and written consent to apply for this permit, of the owner of the property on which the proposed personal wireless service facility and/or tower shall be located, or the owner(s) of the tower or structure on which the proposed personal wireless service facility shall be located.
8.6.2.2
Engineering requirements. Reports prepared by one or more professional engineers, which shall include the following:
8.6.2.2.1
Copies of all submittals and showings pertaining to: FCC licensing; environmental impact statements; Federal Aviation Administration notice of construction or alteration; aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels, regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.
8.6.2.2.2
Copies of all information submitted in compliance with the requirements of Massachusetts Department of Public Health, 105 CMR 122, Nonionizing Radiation Limits for: the General Public from Non-Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electro-magnetic Fields, and Exposure from Microwave Ovens, or any revisions thereof as the Department of Public Health may, by written notice, create.
8.6.2.3
Adequate coverage, adequate capacity and justification of need for F/TSP:
8.6.2.3.1
The applicant shall provide written documentation of any facility site(s) in West Stockbridge, and any sites in abutting towns located within five miles of any boundary of the Town of West Stockbridge, in which it has a legal or equitable interest, whether by ownership, leasehold, or otherwise. For each such facility site, it shall demonstrate with written documentation that this facility site is not already providing, or does not have the potential by adjusting the site, to provide adequate coverage and/or adequate capacity to the Town of West Stockbridge. The documentation shall include, for each facility site listed:
8.6.2.3.1.1
The exact tower location (in longitude and latitude, to degrees, minutes, seconds), ground elevation above mean sea level at the tower location, height of tower or structure, and height of proposed antennas on tower or structure.
8.6.2.3.1.2
Type, manufacturer and model number of antennas, and antenna gain.
8.6.2.3.1.3
Output frequency, number of channels, power input, and maximum power output per channel.
8.6.2.3.1.4
Potential adjustments to these existing facility sites, including changes in antenna type, orientation, gain, height or power output shall be specified.
8.6.2.3.1.5
Radial plots from each of these facility sites, as they exist, and with adjustments as above, shall be provided as part of the application.
8.6.2.3.2
The applicant shall demonstrate with written documentation that they have examined all existing facility sites located in West Stockbridge and in the sites in abutting towns located within five miles of any boundary of the Town of West Stockbridge, in which applicant has no legal or equitable interest, whether by ownership, leasehold, or otherwise, to determine whether those existing facility sites can be used to provide adequate coverage and/or adequate capacity to the Town of West Stockbridge. The documentation shall include, for each existing facility site examined:
8.6.2.3.2.1
The exact tower location (in longitude and latitude, to degrees, minutes, seconds), ground elevation above mean sea level at the tower location, height of tower or structure, and height of proposed antennas on tower or structure.
8.6.2.3.2.2
Type, manufacturer and model number of antennas, and antenna gain.
8.6.2.3.2.3
Output frequency, number of channels, power input, and maximum power output per channel.
Radial plots from each of these existing facility sites, configured as documented above, shall be provided as part of the application. |
Notwithstanding anything else in this Subsection 8.6.2.3.2, the applicant may request that the requirement to provide documentation be waived or modified as to any or all existing facility sites outside the Town of West Stockbridge and not less than three miles from any boundary of the Town of West Stockbridge. Such a request shall be submitted in writing and shall be supported by a statement of reasons and supporting material. The Planning Board may waive or modify said requirement if it finds that consideration of the documentation as to which waiver is sought is not necessary because the intended technology is clearly not feasible for use at said site. The Planning Board's finding as to the waiver request shall be based on all the evidence, which may include but is not limited to then-current industry standards, government regulatory standards or materials, and input from the Planning Board's independent consultant. |
8.6.2.3.3
The applicant shall demonstrate with written documentation that it has analyzed the feasibility of repeaters in conjunction with all existing facility sites listed in compliance with Subsections 8.6.2.3.1 and 8.6.2.3.2 (above) to provide adequate coverage and/or adequate capacity to the Town of West Stockbridge. Radial plots of all repeaters considered for use in conjunction with these facility sites shall be provided as part of the application.
8.6.2.4
The following engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. (Note: Survey plans shall also be stamped and signed by a professional land surveyor registered in Massachusetts.) Plans shall be on 24-inch by 36-inch sheets, on as many sheets as necessary, and at scales which are no smaller (i.e., no less precise) than listed below in Subsection 8.6.2.4.1. Each plan sheet shall have a title block indicating a project title, sheet title, sheet numbers, date, revision dates, scale(s), and original seal and signature of the P.E. and other professionals who prepared the plan.
8.6.2.4.1
Proposed site plans. Proposed facility site layout, grading and utilities at a scale no smaller than one inch equals 40 feet (1:480) or metric equivalent (1:500) showing the entire vicinity within a 400-foot radius of the tower site, with topography drawn with a maximum two-foot (0.6-meter) contour interval, and including:
8.6.2.4.1.1
Proposed tower location and appurtenances, if any, and any accessory building (communication equipment shelter or other). Indicate property boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements. The site plan shall include the location of all abutting properties within 300 feet of the tower property and names of current owners of each.
8.6.2.4.1.2
Limits of areas where vegetation is to be cleared or altered and justification for any such clearing or alteration.
8.6.2.4.1.3
Plans for proposed access driveway or roadway and parking area at the facility site. Include grading, drainage and traveled width. Include a cross section of the access drive indicating the width, depth of gravel, paving or surface materials.
8.6.2.4.2
Proposed tower and appurtenances:
8.6.2.4.2.1
Plans, elevations, sections and details at appropriate scales, but no smaller than one inch equals 10 feet.
8.6.2.4.2.2
Two cross sections through proposed tower drawn at right angles to each other, and showing the ground profile to at least 100 feet beyond the limit of clearing. Indicate proposed spot elevations at the base of the proposed tower. Indicate the proposed height of tower above average grade at tower base. Indicate the maximum allowable structural height of the tower after addition of any modular sections. Show all proposed antennas, including their location on the tower.
8.6.2.4.2.3
Details of typical tower foundation, including cross sections and details. Show all ground attachments, specifications for anchor bolts and other anchoring hardware.
8.6.2.4.2.4
Detail proposed exterior finish and camouflage of the tower.
8.6.2.4.2.5
Indicate relative height of the tower to the tops of surrounding trees as they presently exist.
8.6.2.4.3
Proposed communications equipment shelter:
8.6.2.4.3.1
Floor plans, elevations and cross sections of any proposed appurtenant structure at a scale of no smaller than 1/4 inch equals one foot (1:48).
8.6.2.4.3.2
Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.
8.6.2.4.4
Proposed equipment plan:
8.6.2.4.4.1
Plans, elevations, sections and details at appropriate scales, but no smaller than one inch equals 10 feet.
8.6.2.4.4.2
Number of antennas and repeaters (if any), as well as the exact location of all repeaters (if any) located on a map as well as by degrees, minutes and seconds of latitude and longitude.
8.6.2.4.4.3
Mounting locations on tower or structure, including height above ground.
8.6.2.4.4.4
Antenna type(s), manufacturer(s) model number(s).
8.6.2.4.4.5
For each antenna, the antenna gain and antenna radiation pattern.
8.6.2.4.4.6
Number of channels per antenna, projected and maximum.
8.6.2.4.4.7
Power input to the antenna(s).
8.6.2.4.4.8
Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate.
8.6.2.4.4.9
Output frequency of the transmitter(s).
8.6.2.5
Details of proposed method of financial surety as required in Section 8.13.
8.6.2.6
A written, irrevocable commitment, valid for the duration of the existence of the tower, to rent or lease available space for co-location on the tower at fair market prices and terms, without discrimination to other personal wireless service providers.
8.6.3
Application requirements for RSP. The use of repeaters to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged. An applicant who has received, and is in compliance with a current F/TSP under this Section 8, or an entity which is providing personal wireless services to the Town of West Stockbridge from a base station outside the Town, may apply for a RSP. Applicants for RSP shall provide the following information:
8.6.3.1
Exact location (in longitude and latitude, to degrees, minutes, seconds) as well as by street address or pole number (if applicable);
8.6.3.2
Ground elevation;
8.6.3.3
Type, manufacturer and model number of proposed repeater;
8.6.3.4
Height of proposed repeater above ground;
8.6.3.5
Proposed output frequency;
8.6.3.6
Proposed number of channels;
8.6.3.7
Proposed power input;
8.6.3.8
Proposed maximum power output per channel;
8.6.3.9
Radial plots from any proposed repeater(s), configured as documented above, shall be provided as part of the application;
8.6.3.10
Name, address, phone number, and written consent to apply for this permit, of the owner of the property on which the proposed repeater shall be located, and of the owner(s) of the tower or structure on which the proposed repeater shall be located;
8.6.3.11
Proposed repeater site layout, grading and utilities, at a scale no smaller than one inch equals 40 feet (1:480 or metric equivalent 1:500), showing the entire vicinity within a 300-foot radius of the repeater site, with topography drawn with a minimum two-foot (0.6-meter) contour interval;
8.6.3.12
Proposed repeater location and appurtenances, if any, and any accessory building (Communication equipment shelter or other). The site plan shall include the location of all abutting properties within 300 feet of the tower property and names of current owners of each;
8.6.3.13
Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration;
8.6.3.14
Plans of any proposed access driveway or roadway and parking area at the repeater site. Include grading, drainage, and traveled width. Include a cross section of the access drive, indicating the width, depth of gravel, paving or surface materials.
8.7 General requirements for issuance of F/TSP(s).
8.7.1
Provision of service. No new facility or tower shall be permitted unless the Board finds that the applicant cannot provide adequate coverage and adequate capacity from existing facility sites, either controlled by the applicant or on which the applicant could reasonably co-locate.
A special permit shall not be granted for a tower to be built on speculation. If the applicant is not itself simultaneously installing a personal wireless service facility on the tower, it shall provide a copy of its existing lease/contract with a personal wireless service provider. Said provider shall provide all necessary data to comply with the terms of this Section 8 as part of applicant's application for a F/TSP or the special permit shall not be granted.
If primary coverage (greater than 50%) from a proposed personal wireless service facility is outside West Stockbridge, then the permit may be denied unless the applicant demonstrates to the satisfaction of the SPGA that the applicant is unable to locate within the Town which is primarily receiving service from the proposed facility.
8.7.2
Environmental conditions.
8.7.2.1
In general, towers and personal wireless services facilities shall be located so as to provide adequate coverage and adequate capacity with the least number of towers and antennas which are technically and economically feasible.
8.7.2.2
In furtherance of the above, the following locations are ranked in order of preference:
a.
Shared use of existing personal wireless service facilities.
b.
Clustering of towers: applications for towers adjacent to existing towers.
c.
The use of municipal lands which comply with other requirements of this Section 8, and where visual impact can be minimized and mitigated.
d.
The use of repeaters to provide adequate coverage without requiring new tower(s).
e.
The use of land, distant from higher-density residential properties, and where visual impact can be minimized.
8.7.2.3
Those towers which are necessary shall minimize, to the extent feasible, adverse visual impacts on the environment. The SPGA may impose reasonable conditions to ensure this result, including, but not limited to, requiring the use of camouflage, painting, lighting standards and screening, or the mimicking of a tree or other appropriate object. Towers shall, when possible, be sited off ridgelines and where their visual impact is least detrimental to highly rated scenic areas. (See, for example, Massachusetts Landscape Inventory, MGL c. 131, § 39A: Conducted by Massachusetts Department of Environmental Management, 1982.)
8.7.2.4
A vegetated buffer strip of undisturbed trees of at least 100 feet in depth (or less if determined by the SPGA to be sufficient) shall be retained as close to the tower as possible, but in all cases there shall be no clearing at a distance in excess of 25 feet in radius from the base of the tower except where the access drive is located.
8.7.2.5
No tower or personal wireless service facility, with the exception of repeaters, shall be located within any of the following prohibited areas:
8.7.2.5.1
Massachusetts or federally regulated wetland.
8.7.2.5.2
A Massachusetts certified vernal pool.
8.7.2.5.3
The habitat of any state-listed rare or endangered wildlife or rare plant species.
8.7.2.5.4
Within 100 feet horizontally from any Massachusetts regulated wetland.
8.7.2.5.5
Within 200 feet horizontally of the outer riparian zone of any river or perennial stream, as defined in the Wetland's Protection Act and regulations thereunder.
8.7.2.5.6
Within 500 feet horizontally from any historic district or property listed on the state or federal Register of Historic Places or determined by the Massachusetts Historic Commission to be eligible for such listing.
8.7.2.5.7
Within 500 feet horizontally from any known archaeological site, pursuant to MGL c. 9, § 26.
8.7.2.6
In addition to the above, towers and personal wireless service facilities shall be located so as to minimize the following potential impacts:
8.7.2.6.1
Diminution of residential property values. Siting shall be in as low population density areas as possible.
8.7.2.6.2
Unsafe structural conditions and attractive nuisance.
8.7.2.6.3
Excessive electromagnetic radiation. In case the tower or personal wireless service facility is found in excess of the FCC guidelines.
8.7.3
Physical plant.
8.7.3.1
Fencing. The area around the tower and communication equipment shelter(s) shall be completely fenced for security within an area no greater than 25 feet in radius from the base of the tower, and to a height of six feet, and gated. Use of razor wire is not permitted.
8.7.3.2
Signs. There shall be no signs except the following. A sign no greater than two square feet indicating the name of the personal wireless service facility's owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, "No Trespassing" or other warning signs may be posted on the fence. All signs shall conform to the sign requirements of this bylaw.
8.7.3.3
Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
8.7.3.4
New towers shall not exceed the minimum height necessary as determined by the SPGA to provide adequate coverage from the personal wireless service facility(ies) proposed for use on the tower, and shall in no event exceed 190 feet.
8.7.3.5
Towers shall be located at least 1 1/2 times their maximum structural height from the outer boundaries of the site on which the tower is located.
8.7.3.6
To the extent feasible, all network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, sufficient conduit shall be laid to accommodate the maximum possible number of personal wireless service providers which are reasonably likely to utilize the site to provide services to the Town of West Stockbridge and surrounding areas.
8.7.3.7
Unless required by the Federal Aviation Administration, no night lighting of towers or the personal wireless facility, is permitted, except for manually operated emergency lights for use only when operating personnel are on site.
8.7.3.8
No tower or personal wireless service facility that would be classified as a hazard to air navigation, as defined by the Federal Aviation regulations (Title 14 CFR), is permitted.
8.7.3.9
Tower(s) must be of a type which will maximize potential sharing. Lattice-type structures are preferred, but where a monopole is requested, the applicant must demonstrate the future utility of such structure for expansion of service for the applicant and other future applicants.
8.7.3.10
Commercial advertising shall not be allowed on any antenna, tower, or accessory building or communication equipment shelter.
8.8 General requirements for RSP(s).
8.8.1
No repeater shall be located closer than 50 feet to an existing dwelling unit, nor less than 25 feet above ground.
8.8.2
The SPGA may require the use of screening, painting, or camouflage to reduce the visual impact of repeaters.
8.8.3
Repeaters shall be located so as to have the least impact on the views of residents of the Town of West Stockbridge.
8.9 Consultant review.
8.9.1
Upon submission of an application for any special permit under this Section 8, the applicant shall pay a review fee determined by the SPGA, consisting of reasonable costs to be incurred by the SPGA for the employment of independent consultants. The SPGA shall select the independent consultant(s). These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields, as appropriate: 1) telecommunications engineering, 2) structural engineering, 3) monitoring of electromagnetic fields, and, if determined necessary by the SPGA 4) other relevant fields of experience as determined by the SPGA.
8.9.2
Upon submission of a complete application for any special permit(s) under this Section 8, the SPGA shall provide its independent consultant(s) with the full application(s) for their analysis and review.
8.9.3
Applicants for any special permit(s) under this Section 8 shall grant permission for the Town's independent consultant(s) to conduct any necessary site visit(s), or obtain permission from the owner(s) of the proposed site(s) for any site visit(s).
8.10 Approval criteria.
8.10.1
In acting on any special permit application, the SPGA shall proceed in accordance with the procedures and time lines established for the special permits in state law, this bylaw, and other applicable law.
8.10.2
In addition to the findings required by the Zoning Bylaw by special permits generally, the SPGA shall make the following findings before granting the special permit:
8.10.2.1
Applicant is not already providing adequate coverage and/or adequate capacity to the Town of West Stockbridge.
8.10.2.2
Applicant has agreed to rent or lease available space on the tower, under the terms of a fair-market lease, without discrimination to other personal wireless service providers.
8.10.2.3
Applicant is not able to use existing tower/facility sites in or around the Town of West Stockbridge, either with or without the use of repeaters, to provide adequate coverage and/or adequate capacity to the Town of West Stockbridge.
8.10.2.4
The proposed personal wireless service facility/tower or repeater will not be likely to have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources.
8.10.2.5
Applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the towers or facilities.
8.10.2.6
Emergency access to the site via the planned drive or roadway is adequate. The SPGA shall request and consider input from the Chiefs (or the designees) of fire, police and other emergency services regarding this issue.
8.10.2.7
The proposal shall comply with FCC 96-326 and any and all other applicable FCC regulations, regarding emissions of electromagnetic radiation, and the required monitoring program is in place and shall be paid for by the applicant.
8.10.2.8
The general requirements (Sections 8.7 and/or 8.8) have been met.
8.10.3
Any decision by the SPGA to deny an application for a special permit under this Section 8 shall be in conformance with Section 332 (47 U.S.C. § 332), Subsection (7)(B)(ii)(iii) of the Act, in that it shall be in writing and supported by substantial evidence contained in a written record.
8.11 Monitoring and evaluation of compliance.
8.11.1
Initial monitoring. It shall be a condition of any special permit granted under this bylaw that, in order to determine the tower and facility's or repeater's radiofrequency emissions and their compliance with FCC regulations, the applicant shall, after the granting of a special permit and within 30 days of the date that applicant's personal wireless facility(ies) or repeater(s) begin(s) transmission, pay for an independent consultant, hired by the Town, to monitor the levels of EMF radiation, around the proposed facility and/or repeater site(s). The independent consultant shall use the Monitoring Protocol. A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Board, Select Board, the Board of Health, the Zoning Board of Appeals, the Building Commissioner, the Conservation Commission, and the Town Clerk.
[Amended 5-9-2022 ATM by Art. 38]
8.11.2
Ongoing monitoring. It shall be a condition of any special permit granted under this bylaw that, in order to determine ongoing compliance with FCC regulation, after transmission begins, the owner(s) of any personal wireless service facility(ies) or repeater(s) located on any facility or repeater site shall pay for an independent consultant, hired by the Town, to conduct annual testing and monitoring of EMF radiation emitted from said site, and to report results of said monitoring, as follows:
8.11.2.1
There shall be annual monitoring of emissions by the independent consultant using actual field measurement of radiation, utilizing the Monitoring Protocol. This monitoring shall measure levels of EMF radiation from the facility site's primary antennas as well as from repeater site(s) (if any). A report of the monitoring results shall be prepared by the independent consultant and submitted to the Planning Board, the Select Board, the Board of Health, the Zoning Board of Appeals, the Building Commissioner, the Conservation Commission, and the Town Clerk.
[Amended 5-9-2022 ATM by Art. 38]
8.11.2.2
Any major modification of existing facility, or the activation of any additional permitted channels, or the reactivation of any facility which has been idle for six months shall be cause for new initial monitoring in accordance with Subsection 8.11.1.
8.11.2.3
Excessive emissions. Should the monitoring of a facility or repeater site reveal that the site exceeds the FCC 96-326 standard, or any other applicable FCC standard, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the SPGA, the Select Board and the Building Commissioner a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard and any and all other applicable FCC regulations within 10 business days of notification of noncompliance. That plan shall reduce emissions to the applicable FCC standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emissions within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in this Zoning Bylaw. Such fines shall be payable by the owner(s) of the personal wireless service facilities with antennas on the facility site, until compliance is achieved.
[Amended 5-9-2022 ATM by Art. 38]
8.11.2.4
Structural inspection. It shall be a condition of the special permit that tower owner(s) shall pay for any independent consultant (a licensed professional structural engineer), hired by the Town, to conduct inspections of the tower's structural integrity and safety. Towers shall be inspected every five years. A report of the inspection results shall be prepared by the independent consultant and submitted to the Select Board, the Planning Board, the Board of Health, the Building Commissioner, and the Town Clerk. Any major modifications or existing facility which includes changes to tower dimensions or antenna numbers or type shall require new structural inspection.
[Amended 5-9-2022 ATM by Art. 38]
8.11.2.5
Unsafe structure. Should the inspection of any tower reveal any structural defect(s) which, in the opinion of the independent consultant, render(s) that tower unsafe, the following actions must be taken: Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan, and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to penalties and fines as a zoning violation. Such fines shall be payable by the owner(s) of the tower, until compliance is achieved.
8.12 Removal requirements.
Any personal wireless service facility or repeater which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless facility or repeater and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the facility or repeater site shall be remediated such that all Personal wireless service facility or repeater improvements which have ceased to operate are removed. If all facilities on a tower have ceased to operate, the tower shall also be removed, and the facility or repeater site, including any access road(s) which lead to that facility or repeater site from the main access road, shall be revegetated. If all facility or repeater sites have ceased to operate, the owner of the last personal wireless service facility or repeater to leave the site shall revegetate the access road in its entirety. Existing trees shall only be removed with the written permission of the SPGA, and only if the SPGA determines such removal of trees to be necessary to complete the required removal of personal wireless service facility(s) or repeater(s).
8.13 Performance guarantees.
8.13.1
The applicant shall, as a condition of the special permit:
8.13.1.1
Post an initial cash bond in a reasonable amount determined and approved by the SPGA. This bond shall be in force to cover the costs of the remediation of any damage to the landscape which occurs during the clearing of the site; and to cover the cost of the removal of the tower or facility or repeater from the site, and remediation of the landscape, should the facility or repeater cease to operate.
8.13.1.2
Post a maintenance bond for the access road(s), site(s), and tower(s) in amounts approved by the SPGA.
8.14 Fees and insurance.
8.14.1
Towers, personal wireless service facilities and repeaters shall be insured by the owner(s) against damage to persons or property. The owner(s) shall provide a certificate of insurance to the SPGA and the Select Board's office on an annual basis. For towers, facilities and repeaters located on property owned by the Town of West Stockbridge, the Town of West Stockbridge shall be an additional named insured.
8.14.2
A schedule of fees for personal wireless service facility, tower or repeater permitting and renewal, any monitoring of emissions and inspection of structures, and any other fees shall be established by the SPGA pursuant to MGL c. 40A, § 9. This schedule may be amended from time to time.
8.15 Permit expiration and renewal.
8.15.1
Any special permit granted under this Section 8 shall lapse if the applicant fails to begin construction on the facility or tower or repeater within a two-year period of said grant.
8.15.2
All special permits granted under this Section 8 shall be granted for five years. The SPGA shall renew said special permit for additional five-year period(s) if the SPGA, upon application filed prior to the expiration of any five-year period, determines that the tower and/or facility and/or repeater so permitted shall have been and shall remain in compliance with all terms and conditions of this bylaw and of any conditions placed upon the original special permit at the time of granting.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision hereof. |