Section 26 Wireless Communications Facilities
Section 26. Wireless Communications Facilities
26.1 Purpose and Intent, Definitions~
26.1.1 Purpose and Intent~
The Town recognizes the quasi-public nature of wireless communications systems and finds that these regulations are necessary to protect public safety, to protect the ecological, scenic, historical and recreational values of the Town and to ensure that adverse visual and operational effects will not contribute to blighting, deterioration or other deleterious effects upon the surrounding neighborhood.
It is the intent of this Section to provide for establishment and/or expansion of cellular telephone, mobile radio and personal communication and similar systems within the Town of Millbury while protecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening and in furtherance of the requirements of the Telecommunications Act of 1996. More specifically the Section has been developed in order to:~
Maximize use of existing and approved towers and other structures to accommodate new antennas and
transmitters in order to reduce the number of wireless communications facilities needed to serve the
community.
Encourage providers to co-locate their facilities on a single structure or site
Minimize the location of facilities in visually sensitive areas
Site facilities below visually prominent ridge lines
Protect historic and residential areas from potential adverse impacts of such facilities
Avoid potential damage to adjacent properties from facility failure through engineering and careful siting
of facilities
No personal wireless service facility shall be placed, constructed or modified within the Town except upon issuance of a special permit from the Planning Board.
26.1.2 Definitions~
A "wireless communications facility" shall mean transmitters, structures (including but not limited to towers) and other types of installations, including but not limited to antennae and accessory structures, used for the provision of wireless services, including but not limited to all commercial mobile services, and shall include “personal wireless communications facilities” within the meaning of 47 U.S.C. Sec. 332 (c)(7).~
26.2 This Section shall not apply to "direct-to-home satellite services" or other similar antenna(e) which are no greater than six feet (6’) in diameter.~
26.3 Site Selection Preferences~
These regulations are written to indicate that the Town of placeCityMillbury preferences for facility locations are as follows, in descending order of preference:~
On existing structures such as buildings, communications towers, smokestacks, utility structures, etc.
In locations where existing topography, vegetation, buildings or other structures provide the greatest
amount of screening
On new towers in Industrial II zoning districts
On new towers in Business II zoning districts, excluding the Business II district located in placeEast
Millbury
On new towers in Industrial I zoning districts excluding any portion of the Industrial I district within the
Route 146 Highway Corridor Overlay District
On new towers in the Residential III, Suburban II, Suburban III and Suburban IV zoning districts
On new towers in the Business I, Residential Overlay, Residential I, Residential II, and Suburban I zoning
districts~
Colocation is generally viewed as preferable to construction of a new support structure where it is assumed that colocation may often be less imposing. The Board’s evaluation of each application is essential.
26.4 Additional Submittal Requirements~
The following items and information are required to be submitted at the time an application under this section is filed:~
A locus plan at a scale of 1” = 1000’
b) A report by a professional or radio frequency engineer describing the general design and capacity of any proposed installation, including:~
The number and type of antenna(e) proposed;
A description of the proposed antenna(e) and all related fixtures, structures, appurtenances and
apparatus, including height, materials, color and lighting;
A description of the proposed antenna(e) function and purpose;
The frequency, modulation and class or service;
Direction of maximum lobes;
An evaluation of the potential to utilize existing facilities for the proposed facility
An evaluation of the feasibility of attaching the proposed facility to existing buildings;
Copies of all applicable permits, including but not limited to all State and Federal permits required for this
project and a certification of compliance with the terms and provisions of the license issued for this
purpose by the Federal Communications Commission (FCC).~
Site Justification or Appropriateness Statement, including a description of the narrowing process that eliminated
other potential sites;~
Evidence that the applicant has filed a notice of proposed construction with the Federal Aviation
Administration if the proposed facility exceeds 200 feet in height or in the event such notice is otherwise
required.~
Support materials that show: the location of structures of similar or greater elevation within one-half-mile (two thousand six hundred forty feet) radius of the proposed site/parcel; that the owners of those locations have been contacted and asked for permission to install the facility on those structures, and denied, or that such other locations do not satisfy requirements to provide the service needed. This would include, but not be limited to, smoke stacks, water towers, tall buildings, antenna or towers of other wireless communications companies, other wireless communications facilities (fire, police, etc.) and all other tall structures. Failure to present evidence of a good faith effort on the part of the applicant to utilize existing facilities shall be grounds for denial of the
application.~
Material describing a specific plan for a "balloon" or similar test, including the date and time, as well as a rain date and time, suitably and clearly described for inclusion in the legal notice in the newspaper and for inclusion in the notice to abutters.~
g) A statement indicating how the proposal meets, in the opinion of the applicant, the intents and purposes identified in subsection 1 of this section.~
h) Stamped, addressed envelopes to all abutting property owners (according to the latest available tax listing) within a one-thousand three hundred twenty foot (1,320’) radius of the proposed facility location, in addition to other special permit notice requirements, to facilitate the Board’s notification of the public hearing to those additional property owners.~
26.5 Conditions for Granting~
In addition to the conditions for granting contained in Section 14.3 and all other applicable sections of this bylaw, the Planning Board shall make findings on which to base its determination on the specific issues of:
a) how well the use and proposal meet all required conditions and specifications of the bylaw;~
if the proposed facility is to be located in a residential zoning district, or within a distance equal to twice the height of the tower (from the ground to its highest point) but not less than 200 feet of a residential zoning district, whether the applicant has provided substantial evidence that the facility cannot, by technical necessity, feasibly be located in a non-residential zone~
whether the proposal would sufficiently screen the facility from view, both through landscaping, placement and design, in order to minimize the visual appearance of the entire facility from areas within a one-thousand three hundred twenty foot (1,320’) radius of the proposed facility location.
d) whether the proposed facility will be housed within or upon a special structure, which will be architecturally compatible with the surrounding residential area (including, for example, bell tower or church steeple), or whether, by virtue of its design, no such special structure is required in order to minimize the visual impact within a one-quarter-mile (1,320’) radius. This provision applies to facilities in Residential and Suburban zoning districts, or within a distance equal to twice the height of the facility (from the ground to its highest point) but not less than three hundred feet (300’), from such zoning district.~
26.6 General Requirements~
26.6.1 Any principal part of the facility (excluding guy cables) shall be setback from the nearest property line by a distance of twice the height of the facility (as measured to its highest point, including antennae, etc.), or a distance of three hundred feet (300’), whichever is greater.~
26.6.2 Any principal part of the facility (excluding guy cables) shall be setback from the nearest residential structure by a distance of twice the height of the facility (as measured to its highest point, including antennae, etc.), or a distance of three hundred feet (300’), whichever is greater.
26.6.3 No artificial lighting shall be installed unless required by the Federal Aviation Administration. If such lighting is required, it shall be screened so as not to project its light below the horizontal plane in which it is located.
26.6.4 A tower shall be of monopole or similarly unimposing design. In the event other than a monopole is proposed, the Board will view a guyed pole more favorably than a broad lattice type or similar structure. The applicant shall successfully demonstrate to the satisfaction of the Board that the proposed facility will have minimal visual impact.
26.6.5 To minimize the number of wireless communications facility sites in the community in the future, the proposed facility shall be designed and constructed so it is reasonably capable of accommodating other users, including other wireless communication companies and local police, fire and ambulance companies, unless it is determined to be technically infeasible based on the Board’s evaluation of information submitted.~
26.6.6 No interference to existing television, cable television or radio signals, including emergency systems and public safety communications, shall be permitted from the tower or components thereon. If interference occurs, it shall be the responsibility of the site owner to immediately remedy it.~
26.6.7 Unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration, towers facilities shall be painted non-contrasting gray or blue in color, or camouflaged with some other treatment deemed acceptable by the Board. Antenna(e) shall be non-contrasting or camouflaged.
26.6.8 The related unmanned equipment and/or other buildings shall not be more than twelve (12) feet in height. All ancillary uses (including, for example, but not limited to, a maintenance depot, vehicle storage, etc.) are prohibited.~
26.6.9 All utilities proposed to serve the facility shall be installed underground.~
26.6.10 Dish antennae shall be no more than six (6) feet in diameter, and shall be mesh (rather than solid). Panel antennae shall be no more than five (5) feet in height.~
26.6.11 No facility shall be located within a distance equal to twice the height of the facility (as measured from the ground to its highest point) plus four hundred feet (400’) of a wellhead area of a municipal water supply.~
26.6.12 Landscaping shall be provided around the base of the facility, adjacent to a security fence at least six feet (6’) in height. The landscaping shall consist of a planting strip at least 25 feet wide, with ground cover and/or grass, and shall include at least one row of six-foot (6’) high evergreen trees adjacent or proximate to the fence, and a row of deciduous trees at least ten feet (10’) in height and at least one-and-one-half-inch (1½ “) caliper planted no more than 20 feet apart on center, and deemed acceptable by the Board. Applicants may substitute alternative landscape plans that meet the purposes of this subsection to limit the visual impact of the lower portion of the tower and adjoining accessory facilities for the Board’s
consideration.~
26.6.13 A covenant/deed restriction shall restrict future residences within the setback areas described in Section 26.6.2 above.
26.7 Although not an accessory use as defined by the bylaw, a wireless communications facility may be sited on a lot which already accommodates a lawful principle use. Due consideration will be given to the overall functioning of the lot, with particular respect to the items in Section 26.5 and other applicable sections of this bylaw, during the Board’s review of the special permit application.~
26.8 Any alteration or expansion of the facility or structure or the uses it supports (including the size, number or color of antennae or other components) shall require a modified special permit, applied for in accordance with all regulations applicable at the time such application is properly made.~
26.9 If the facility is abandoned or no longer operable, it shall be removed within six (6) months of its abandonment.~
26.10 The Planning Board may, by a vote of at least 4 members, each of whom is eligible to participate in the special permit vote, authorize deviation from strict compliance with the provisions of this Section 26 where such deviation is in furtherance of the purposes and intents of the bylaw, and where such authorized deviation is expressly enumerated, justified and acted upon by the Planning Board.
26.11 Separability: The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision herein.
(By-Laws of 10-28-97, Art. 1)~
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