Whitman City Zoning Code
ARTICLE XIII
Personal Wireless Service Facilities
§ 240-13.1 Purpose and intent.
It is the express purpose of this bylaw to minimize the visual and environmental impacts of personal wireless service facilities, consistent with the provisions of Sections 253 and 704 of the Federal Telecommunications Act of 1996. This bylaw enables the review and approval of personal wireless service facilities by the Town's Zoning Board of Appeals in keeping with existing bylaws and historic development patterns. It sets standards which are intended to preserve the safety, character, appearance, property values, natural resources and historic sites of the Town, mitigate any adverse visual effects through proper design, location and screening of structures; and to encourage co-location of antennas where feasible in order to minimize the total number of sites required.
§ 240-13.2 Scope.
This Article XIII shall apply to all wireless telecommunications antennas and towers and related equipment, fixtures and enclosures, including any modifications to any of the preceding, but shall not apply to fire, police, ambulance and other safety communications antennas; amateur (ham) radio or citizens band radio antennas, or to non-transmitting television antennas.
§ 240-13.3 Use regulations; location; dimensional requirements.
Applications for personal wireless service facilities will only be considered in Limited Industrial or Industrial zoned districts. [Reference § 240-5.4, Subsection D(6).]
A.
Use regulations. A personal wireless service facility shall require a building permit in all cases, and may be permitted as follows:
(1)
A personal wireless service facility may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower or water tower, provided that the installation of the new facility does not increase the height of the existing structure except as provided in Subsection C(2) below. Such installations shall not require a special permit but shall require site plan approval by the Zoning Board of Appeals.
(2)
A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a special permit. Such facilities may locate by special permit in all zoning districts within the Town, provided that the proposed use complies with the height and setback requirements of Subsection C and all of the special permit regulations set forth in § 240-13.4 of this bylaw.
(3)
A personal wireless service facility that exceeds the height restrictions of Subsection C(1) through (3) may be permitted by special permit in a designated Wireless Service Overlay District, provided that the proposed facility complies with the height restrictions of Subsection C(4), and with all of the setback and special permit regulations set forth in Subsection C and § 240-13.4 of this bylaw.
B.
Location. Applicants seeking approval for personal wireless service facilities shall comply with the following:
(1)
If feasible, personal wireless service facilities shall be located on existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. In particular, applicants are urged to consider use of existing telephone and electric utility structures as sites for one or more personal wireless service facilities. The applicant may have the burden of proving that there are no feasible existing structures upon which to locate.
(2)
If the applicant demonstrates that it is not feasible to locate on an existing structure, personal wireless service facilities shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to: use of compatible building materials and colors, screening, landscaping and placement within trees to create an effective year-round visual buffer.
(3)
The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a building and/or special permit.
C.
Dimensional requirements. Personal wireless facilities shall comply with the following requirements:
(1)
Height, general. The height of a personal wireless service facility shall not exceed by more than 10 feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney or similar structure. Personal wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building height.
(2)
Height, existing structures. New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw: water towers, guyed towers, lattice towers, fire towers and monopoles, provided that:
(a)
Location on existing water towers will be subject to approval of the proposed attachment methods and maintenance procedures by the Water Department and Board of Health.
(b)
There is no increase in height of the existing structure as a result of the installation of a personal wireless service facility.
(3)
Height, existing structure (utility). New antennas located on any of the following existing structures shall be exempt from the height restrictions of this bylaw, provided that there is no more than a twenty-foot increase in the height of the existing structure as a result of the installation of a personal wireless service facility: electric transmission and distribution towers, telephone poles and similar existing utility structures. This exemption shall not apply in Historic Districts, within 150 feet of the right-of-way of any scenic roadway or in designated scenic viewsheds.
(4)
Height, Wireless Facility Overlay Districts. Within the Wireless Facility Overlay District (as designated on the Town Zoning Map), personal wireless service facilities of up to 150 feet are permitted by special permit. These taller structures shall be of non-guyed design, and shall comply with all setback and special permit regulations set forth in this bylaw.
(5)
Setbacks. All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
(a)
The minimum distance from the base of any ground-mounted personal wireless service facility to any property line, public way, habitable dwelling shall be three times the height of the facility/mount, including any antennas or other appurtenances.
(b)
In the event that an existing structure is proposed as a mount for a personal wireless service facility, the setback provisions of the underlying zoning district shall apply. In the case of preexisting nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities, except as provided in Subsection C(5)(c) below.
(c)
Flexibility. In reviewing a special permit application for a personal wireless service facility, the Zoning Board of Appeals may reduce the setback by as much as 1/3 of the required distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the Zoning Board of Appeals shall consider both the visual and safety impacts of the proposed use.
§ 240-13.4 Performance standards.
All personal wireless service facilities shall comply with the performance standards set forth in this section.
A.
Design standards.
(1)
Visibility/Camouflage. Personal wireless service facilities shall be camouflaged as follows:
(a)
Camouflage by existing buildings or structures.
[1]
When a personal wireless service facility extends above the roof height of a building on which it is mounted, every reasonable effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.
[2]
Personal wireless service facilities which are side-mounted shall blend with the existing building's architecture and, if over five square feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.
(b)
Color.
[1]
Personal wireless service facilities which are side-mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
[2]
To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding them, they shall be painted in a light grey or light blue hue which blends with sky and clouds to the extent that such requirements do not violate applicable FAA regulations.
(2)
Equipment shelters. Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards:
(a)
Equipment shelters shall be located in underground vaults; or
(b)
Equipment shelters shall be designed to be consistent with the architectural styles, materials and roof design typical of the district in which the facility is located.
(c)
Equipment shelters shall be camouflaged behind an effective year-round landscape buffer and/or wooden fence, equal to the height of the proposed building. The Zoning Board of Appeals shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
(3)
Lighting and signs.
(a)
Personal wireless facilities shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. There shall be total cutoff of all light at the property lines of the property to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candle when measured at grade.
(b)
Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All such signs shall comply with the requirements of these bylaws.
(4)
Historic buildings and districts.
(a)
Any personal wireless service facilities located on or within an historic structure shall not alter the character-defining features, distinctive construction methods or original historic materials of the building.
(b)
Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible.
(c)
Personal wireless service facilities within an historic district shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas within the district.
(5)
Scenic landscapes and vistas.
(a)
Equipment shelters shall not be located within open areas that are visible from public roads or residential development. As required in Subsection A(1), a buffer of dense tree growth shall surround all ground-mounted equipment shelters which are not camouflaged by existing buildings or structures.
(b)
Any personal wireless service facility that is located within 300 feet of a scenic vista, scenic landscape or scenic road as designated by the Town shall not exceed the height of vegetation at the proposed location. If the facility is located farther than 300 feet from the scenic vista, scenic landscape or scenic road, the height regulations described elsewhere in this bylaw will apply.
B.
Environmental standards.
(1)
Personal wireless service facilities shall not be located in wetlands. Locating of wireless facilities in wetland buffer areas shall be avoided whenever possible and disturbance to wetland buffer areas shall be minimized.
(2)
No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
(3)
Stormwater run-off shall be contained on-site.
(4)
Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 dB at the property line.
(5)
Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess of 50 dB at ground level at the base of the building closest to the antenna.
C.
Safety standards.
(1)
Radio frequency radiation (RFR) standards. All equipment proposed for a personal wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation.
(2)
A security barrier shall surround all ground-mounted personal wireless service facilities.
D.
Estimates of RFR emissions will be required for all facilities, including proposed and future facilities.
§ 240-13.5 Special permit application procedures.
A.
Special permit granting authority. The special permit granting authority for personal wireless service facilities shall be the Zoning Board of Appeals (ZBA).
B.
Application filing requirements. The following shall be included with an application for a special permit for all personal wireless service facilities:
(1)
General filing requirements:
(a)
Name, address and telephone number of applicants and any co-applicants as well as any agents for the applicants or co-applicants.
(b)
Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.
(c)
A licensed carrier shall either be an applicant or a co-applicant.
(d)
Original signatures for the applicant and all co-applicants applying for the special permit. If the applicant or co-applicant will be represented by an agent, original signature authorizing the agent to represent the applicant and/or co-applicant. Photo reproductions of signatures will not be accepted.
(2)
Location filing requirements:
(a)
Identify the subject property by including the Town as well as the name of the locality; name of the nearest roads or roads and street address, if any.
(b)
Tax Map and parcel number of subject property.
(c)
Zoning district designation for the subject parcel. (Submit copy of Town Zoning Map with parcel identified.)
(d)
A line map to scale showing the lot lines of the subject property and the location of all buildings, including accessory structures, on all properties shown within 300 feet of the proposed wireless facility.
(e)
The proposed locations of all existing and future personal wireless service facilities in the Town on a Town-wide map for this carrier.
(3)
Siting filing requirements:
(a)
A one-inch-equals-40 feet vicinity plan showing the following:
[1]
Property lines for the subject property.
[2]
Property lines of all properties adjacent to the subject property within 300 feet of the property line.
[3]
Tree cover on the subject property and adjacent properties within 300 feet of the proposed wireless facility, by dominant species and average height, as measured by or available from a verifiable source.
[4]
Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet of the proposed wireless facility.
[5]
Proposed location of antenna, mount and equipment shelter(s).
[6]
Proposed security barrier, indicating type and extent as well as point of controlled entry.
[7]
Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet of the proposed wireless facility, including driveways proposed to serve the personal wireless service facility.
[8]
Distances, at grade, from the proposed personal wireless service facility to each building on the vicinity plan.
[9]
Contours at each two feet AMSL for the subject property and adjacent properties within 300 feet of the property line.
[10]
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
[11]
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
[12]
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point [point being viewed from Subsection B(3)(b) regarding sight lines below].
(b)
Sight lines and photographs as described below:
[1]
Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet, to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn at one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event there is only one residential building within 300 feet, there shall be at least two sight lines from the closest habitable structures or public roads, if any.
[2]
Existing (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph, showing what can currently be seen from any public road within 300 feet of the proposed wireless facility.
[3]
Proposed (after condition). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.
(c)
Siting elevations, or views at-grade from the north, south, east and west for a fifty-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eighth inch equals one foot scale and show the following:
[1]
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
[2]
Security barrier. If the security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
[3]
Any and all structures on the subject property.
[4]
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
[5]
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
(4)
Design filing requirements.
(a)
Equipment brochures for the proposed personal wireless service facility, such as manufacturer's specifications or trade journal reprints, shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any.
(b)
Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any.
(c)
Colors of the proposed personal wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any.
(d)
Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelters and security barrier, if any.
(e)
Appearance shown by at least two photographic superimposed of the personal wireless service facility within the subject property. The photographic superimpose shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs and security barrier, if any, for the total height, width and breadth.
(f)
Landscape plan, including existing trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(g)
Within 30 days of the pre-application conference, or within 21 days of filing an application for a special permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the Town at least 14 days, but not more than 21 days, prior to the test.
(h)
If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal foot-candle levels at grade, within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminous proposed.
(5)
Noise filing requirements.
(a)
The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels (logarithmic scale, accounting for greater sensitivity at night), for the following:
[1]
Existing or ambient: the measurements of existing noise.
[2]
Existing plus proposed personal wireless service facilities: maximum estimate of noise from the proposed personal wireless service facility plus the existing noise environment.
(b)
Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the noise standards of this bylaw.
(6)
Radio frequency radiation (RFR) filing requirements. The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility for the following situations:
(a)
Existing or ambient: the measurements of existing RFR.
(b)
Existing plus proposed personal wireless service facilities: estimate of the maximum of RFR from the proposed personal wireless service facility plus the existing RFR environment.
(c)
Certification signed by an RF engineer stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency radiation standards subsection of this bylaw.
(d)
The applicant is required to certify that it has complied with all other requirements of the FCC and FAA.
(7)
Federal environmental filing requirements.
(a)
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. The FCC, via procedures adopted as Subpart I, § 1.1301 et seq. (47 CFR Subpart I administers NEPA.), requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
[1]
Wilderness areas.
[2]
Wildlife preserves.
[3]
Endangered species habitat.
[4]
Historical site.
[5]
Indian religious site.
[6]
Floodplain.
[7]
Wetlands.
[8]
High-intensity white lights in residential neighborhoods.
[9]
Excessive radio frequency radiation exposure.
(b)
At the time of application filing, an EA that meets FCC requirements shall be submitted to the Town for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
(c)
The applicant shall list location, type and amount (including trace elements) of any materials proposed for use within the personal wireless service facility that are considered hazardous by the federal, state or local government.
(8)
The Zoning Board of Appeals may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
§ 240-13.6 Co-location.
A.
Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a special permit for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
(1)
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
(2)
Contact with all the other licensed carriers for commercial mobile radio services operating in the Town; and
(3)
Providing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
B.
In the event that co-location is found to be not feasible, a written statement of the reasons shall be submitted to the Town. The Town may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. The cost for such a technical expert will be at the expense of the applicant. The Town may deny a special permit to an applicant that has not demonstrated a good faith effort to provide for co-location.
C.
If the applicant does not intend to co-locate or to permit co-location, the Town shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out.
D.
If the ZBA approves co-location for a personal wireless service facility site, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit.
§ 240-13.7 Modifications.
A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and require a special permit when the following events apply:
A.
The applicant and/or co-applicant wants to alter the terms of the special permit by changing the personal wireless service facility in one or more of the following ways:
(1)
Change in the number of facilities permitted on the site.
(2)
Change in technology used for the personal wireless service facility.
(3)
Additional equipment shelter.
B.
If the applicant and/or co-applicant would like to add any equipment or additional height not specified in the original design filing.
§ 240-13.8 Monitoring and maintenance.
A.
Within 90 days of the beginning of operations, and annually thereafter, the applicant shall submit measurements of RFR from the personal wireless service facility and copies to be submitted to the Town Whitman. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency standards section of this bylaw.
B.
The applicant and co-applicants shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.
§ 240-13.9 Abandonment or discontinuation of use.
A.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.
B.
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
(1)
Removal of antennas, mounts and equipment shelters and security barriers from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
C.
If a carrier fails to remove a personal wireless service facility in accordance with this section of this bylaw, the Town shall have the authority to enter the subject property and physically remove the facility. The Zoning Board of Appeals shall require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless facility in the event the Town must remove the facility.
§ 240-13.10 Reconstruction or replacement of existing towers and monopoles.
Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this bylaw may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the Zoning Board of Appeals finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the existing structure. In making such a determination, the ZBA shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits such as opportunities for co-location, improvements in public safety and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility by more than 20 feet not to exceed the 150 feet permitted in § 240-13.3C(4).
§ 240-13.11 Documentation required for decision not to grant permit.
The Zoning Board of Appeals will need to justify any decision not to grant a permit, in writing.
§ 240-13.12 Term of special permit.
A special permit issued for any personal wireless service facility over 50 feet in height shall be valid for 20 years. At the end of that time period, the personal wireless service facility shall be removed by the carrier or a new special permit shall be required.
§ 240-13.13 Proximity to other towers.
No towers shall be constructed closer than 5,280 feet (one mile) to another existing tower.
