To restrict the erection and/or installation of satellite microwave receiver discs in residential districts to a ground level area, to the rear of the rear line of the building, within the side boundary lines of the same building so that it is out of sight from the street.
[Note: 8.7 Growth Management deleted May 2004 per Article 39.] (2004/39)
The Adult Use Zone is herein established as an overlay district and shall be superimposed on the other districts established by this Bylaw. The requirements enumerated for this Adult Use Zone shall be in addition to, rather than in place of, the requirements of the other districts. Adult uses may be allowed by Special Permit in the Adult Use Zone, as described below. Adult uses shall be prohibited at any other location in the Town.
The following regulation shall apply to Adult Uses as defined in Section 2 of this Bylaw.
1. Boundaries: Boundaries of the Adult Use Zone are shown on the Zoning Map and shall include the following parcels as identified on the 1995 Assessor's Map: Map 34 Parcels 27 and Map 77 Parcels 3, 12, 13, 14 & 17.
Map 34 Parcel 27
Northerly 250' +/- by Holt Road
Easterly 340' +/- by Lot 2
Southerly 240' +/- by City of Lawrence Airport
Westerly 330' +/- by Lot 4;
Map 77 Parcel 13
Northerly 100' +/- by Holt Road
Easterly 370' +/- by Lot 4
Southerly 130' +/- by Parcel 3
Westerly 400' +/- by Clark Street
Map 77 Parcel 14
Northerly 245' +- by Holt Road
Easterly 330' +/- by Lot 3
Southerly 250" +/- by Parcel 3
Westerly 370' +/- by Lot 7
Map 77 Parcel 3
Northerly by 410' +/- by Lots 3, 4, and 7
Easterly 250' +/- by City of Lawrence Airport Comm.
Southerly 465 +/- by City of Lawrence Airport Comm.
Westerly 460' +/- by Clark Street
Map 77 Parcel 12 (3 sided lot)
Northerly 410" +/- by Parcel 17
Easterly 270' +/- by Clark Street
Southerly 285' +/- by City of Lawrence Airport Comm.; and
Map 77 Parcel 17
Northerly 120' +/- by City of Lawrence Airport Comm.
Easterly 210" +/- by Clark Street
Southerly 410" +/- by Parcel 12
Westerly 590'+\-by City of Lawrence Airport Comm.
2.Separation Distances: Adult uses may not be located:
a)within five hundred feet (500') of the property line of any Residential Zoning Districts, church, school, park, or playfield.
b)within five hundred feet (500') of other adult use as defined herein;
c) within three hundred feet (300') of any establishment licensed under MGL Ch. 138, Sec. 12.
3.Maximum Usable Floor Area: With the exception of an adult cabaret or an adult motion picture theater adult uses may not exceed three thousand five hundred (3,500) square feet of useable floor area.
4.Parking Requirements: The following parking requirements shall apply:
a)Parking shall be provided in the side or front yard only.
b)All parking areas shall be illuminated, and all lighting shall be contained on the property.
c) Parking areas shall be landscaped in conformance with the appropriate provisions of the zoning by-law.
Screening and buffering: At a minimum, a five (5) foot wide landscaped buffer shall be provided along the side and rear property lines of an adult use establishment consisting of evergreen shrubs or trees not less than five (5) feet in height at the time of planting, or a solid fence not less than six (6) feet in height.
2.All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.
3.No adult use shall be allowed to display for advertisement or other purpose any signs, placards or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any sexually explicit figures or words as defined in M.G.L. Sec. 31 Ch. 272.
4. Application information: The application for a special permit for an adult use establishment must include the following information:
a)Name and address of the legal owner of the establishment, and of the legal owner of the property;
b)Name and address of all persons having lawful equity or security interests in the establishment;
c)Name and address of the manager;
d)Number of employees;
e) Proposed provisions for security within and without the establishment; these provisions must include and detail specifications for the following requirements:
(i)Security personnel paid for by the establishment owner to remain inside the business during operating hours of the establishment.
(ii)Security personnel paid for by the establishment owner to patrol the parking lot.
(iii)The security plans and personnel referenced in items Section 8.8.7(e)(i) and (ii) shall be approved by the North Andover Police Chief.
f) The physical layout of the interior of the establishment.
5. Special Permit Granting Authority: The Zoning Board of Appeals shall be the Special Permit Granting Authority.
6. No adult use special permit shall be issued to any person convicted of violating the provisions of MGL Ch. 119, Sec. 63, or MGL Ch. 272, Sec. 28.
7. An adult use special permit shall only be issued following a public hearing held within sixty-five (65) days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant.
8. Special permits for adult uses shall be granted only upon the determination by the Special Permit Granting Authority that the location and design of the facility are in harmony with its surroundings, and that adequate safeguards exist through licensing or other means to assure on a continuing basis that activities therein will not be patently contrary to prevailing standards of adults in the community and will not involve minors in any way.
9. Any section of this by-law, or portion thereof, declared invalid shall not affect the validity or application of the remainder of the by-law. (Section 8.8 created and approved May 6, 1996 Annual Town Meeting, Article 22)
1) Purpose
a) It is the express purpose of this Bylaw to minimize the visual and environmental impacts as well as any potential deleterious impact on property value, of wireless service facilities upon properties located within the Town or adjacent thereto. No wireless service facility shall be placed, constructed or modified within the Town without first obtaining site plan approval from the Special Permit Granting Authority (SPGA). The Planning Board shall be the Special Permit Granting Authority for the issuance of a special permit to allow the placement, construction and modification of wireless service facilities within the town. This bylaw is intended to be used in conjunction with other regulations adopted by the Town, and other zoning and general bylaws designed to encourage appropriate land use, environmental protection, preservation of the rural character and the provision of adequate infrastructure development in North Andover.
b) The regulation of wireless service facilities is consistent with the purpose of the North Andover Zoning Bylaw and planning efforts at the local government level to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species; protection of the natural resources of North Andover, enhancement of open space areas and respect for North Andover's rural character.
2) Definitions:
a) ABOVE GROUND LEVEL (AGL) . A measurement of height from the natural grade of a site to the highest point of the structure.
b) ABOVE MEAN SEA LEVEL (AMSL) . A uniform point from which height above sea level (or zero elevation) can be measured.
c) ANTENNA . The surface from which wireless radio signals are sent and received by a wireless service facility.
d) CAMOUFLAGED . A wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within a preexistent or proposed structure is considered to be "camouflaged."
e) CARRIER . A company that provides wireless services.
f) CO-LOCATION . The use of a single mount on the ground by more than one carrier (vertical co-location) and/or several mounts on a preexistent building by more than on e carrier.
g) CROSS-POLARIZED (OR DUAL-POLARIZED) ANTENNA . A low mount that has three panels flush mounted or attached very close to the shaft.
h) ELEVATION . The measurement of height above mean sea level.
i) ENVIRONMENTAL ASSESSMENT (EA) . An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless service facility is placed in certain designated areas.
j) EQUIPMENT SHELTER . An enclosed, structure, cabinet, shed or box at the base of the mount within which are housed batteries and electrical equipment.
k) FUNCTIONALLY EQUIVALENT SERVICES . Cellular, Personal Communication Services (PCS), Enhanced Specialized Mobile Radio, Specialized Mobile Radio and Paging.
l) GPS . Ground Positing System by satellite location of antennas.
m) GUYED TOWER . A lattice tower that is tied to the ground or other surface by diagonal cables.
n) LATTICE TOWER . A type of mount that is self-supporting with multiple legs and cross br acing of structural steel.
o) LICENSED CARRIER . A Company authorized by the FCC to construct and operate a commercial mobile radio service system.
p) MONOPOLE . The type of mount that is self-supporting with a single shaft of wood steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
q) MOUNT . The structure or surface upon which antennas are mounted, including the following four types of mounts:
(1) Roof Mounted: Mounted on the roof of a building.
(2) Side-mounted: Mounted on the side of a building
(3) Ground-mounted: Mounted on the ground.
(4) Structure-mounted: Mounted on a structure other than a building.
r) OMNIDIRECTIONAL (WHIP) ANTENNA . A thin rod that beams and receives a signal in all directions.
s) PANEL ANTENNA . A flat surface antenna usually developed in multiples.
t) PCS. COMMUNICATIONS SERVICES . These are broadband radiowave systems that operate at a radio frequency in the 1850 - 1900 megahertz range.
u) RADIOFREQUENCY (RF) ENGINEER . An engineer specializing in electric or microwave engineering, especially the study of radio frequencies.
v) RADIOFREQUENCY RADIATION (RFR) . The emissions from wireless service facilities as defined in the FCC Guidelines for Evaluating the 65 Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations.
w) SECURITY BARRIER . A locked impenetrable wail, fence or berm that completely seals an area from unauthorized entry or trespass.
x) SEPARATION . The distances between one array of antennas and another array.
y) UTILITY . A system of wires or conductors and supporting structures that functions in the transmission of electrical energy or communication services (both audio and video) between generating stations, sub-stations, and transmission lines or other utility services.
z) WIRELESS SERVICE FACILITY . Facilities used for the principle purpose of commercial or public wireless communications uses, such as cellular telephone services, enhanced specialized mobile radio services, microwave communications, wireless communications services, paging services and the like, as defined in Section 704 of the Federal Telecommunications Act of 1996, as amended. Such facilities shall include towers, antennae, antennae support structures, panels, dishes and accessory structures.
aa) WIRELESS SERVICES . The three types of services regulated by this Bylaw: commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services.
3) District Regulations
a) Use Regulations: A wireless service facility shall require a building permit in all cases and may be permitted as follows:
i) The carrier must demonstrate that the facility is necessary in order to provide adequate service to the public.
ii) A wireless service facility may locate as of right on any existing guyed tower, lattice tower, monopole or electric utility transmission tower for which a special permit issued under this Section 8.9 is in effect, provided that the new facility shall first obtain site plan review approval from the Planning Board and, provided further that any new facility shall not exceed the terms and conditions of the special permit in effect for the existing facility on which it is to be located.
iii) No wireless service facility shall be located in the Town except upon issuance of a special permit in accordance with Section 10.3 of this Bylaw. Such a facility may be located in any zoning district in the Town, provided that the proposed facility satisfies all of the requirements set forth in this Bylaw.
b) Location: Applicants seeking approval for wireless service facilities shall comply with the following:
i) If feasible, wireless service facilities shall be located on preexistent structures, including but not limited to buildings or structures, preexistent 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 preexistent telephone and electric utility structures as sites for one or more wireless service facilities. The applicant shall have the burden of proving that there are no feasible preexistent structures upon which to locate.
ii) If the applicant demonstrates to the satisfaction of the SPGA (Special Permit Granting Authority) that it is not feasible to locate on a preexistent structure, wireless service facilities shall be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, with natural and/or artificial plantings (as indicated through site plan review), and placement within trees.
iii) The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or Special Permit.
c) Dimensional Requirements: Wireless service facilities shall comply with the following requirements:
i) Height, General Regardless of the type of mount, wireless service facilities shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a wireless service facility shall not exceed by more than 10 feet the height limitations 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. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height.
ii) Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the average tree canopy height, measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site.
iii) Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. Wireless service facilities may locate on a building that is legally nonconforming with the respect to height, provided that the facilities do not project above the existing building height.
iv) Height, Preexistent Structures (Utility) 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 provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles.
v) Setbacks All 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.
(1) In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 2x the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the "fall zone". A minimum setback of 600 feet shall be required for all wireless devices, antenna and their mounting structures, whether attached to a new or existing structure, as measured from the adjacent property line of properties which are either zoned for, or contain, residential and or educational uses of any types.
(2) In the event that a preexistent structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity.
a) Visibility/Camouflage Wireless service facilities shall be camouflaged as follows
i) Camouflage by Existing Buildings or Structures
(1) When a wireless service facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal the facility within or behind preexistent 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) Wireless service facilities which are side-mounted shall blend with the preexistent building's architecture and, if over 5 square feet, shall be shielded with material which is consistent with the design features and materials of the building.
ii) Camouflage by Vegetation. If wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and under story vegetation in all directions to create an effective year-round visual buffer. Ground-mounted wireless service facilities shall provide year-round vertical evergreen vegetated buffer of 50 feet, or 75% of the overall height of the structure, in all directions. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. Vegetation should be natural in appearance and consistent with surroundings.
iii) Color
(1) 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 wireless service facilities extend above the height of the vegetation immediately surrounding it, they must be painted in a light gray or light blue hue which blends with sky and clouds
iv) Equipment Shelters Equipment shelters for wireless service facilities shall be designed consistent with one of the following design standards:
(1) Equipment shelters must be located in underground vaults; or
(2) designed consistent with traditional materials, color and design of the area, or (3) camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and /or wooden fence acceptable to the permitting authority
b) Lighting and signage
i) Wireless service facilities shall be lit 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 parcel to be developed, and foot-candle measurements at the property line shall be 0.0 initial foot-candles when measured at grade.
ii) Signs shall be limited to those needed to identify the property and the owner and warn of any danger. No tower or other facility shall contain any signs or other devices for the purpose of advertisement. All signs shall comply with the requirements of Section 6; Signs and Outdoor Lighting Regulations of this bylaw.
iii) All ground mounted wireless, service facilities shall be surrounded by a security barrier and shall be protected against unauthorized climbing or other access by the public.
c) Historic Buildings
i) Any wireless service facilities located on or within a historic structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building.
ii) Any alteration made to a historic structure to accommodate a wireless service facility shall be fully reversible.
iii) 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.
iv) The Historic District Commission must review all appropriate facilities.
d) Scenic Landscapes and Vistas
i) No facility shall be located within 300 feet of a Scenic Road. If the facility is located farther than 300 feet from the scenic road, the height regulations described elsewhere in this Bylaw shall apply.
ii) Wireless service facilities shall not be located within open areas that are visible from public roads, recreational areas or residential development. As required in the Camouflage section above, all ground mounted wireless service facilities that are not camouflaged by existing buildings or structures shall be surrounded by a buffer of dense tree growth.
e) Environmental Standards
i) Wireless services facilities shall not be located in wetland resource areas. Locating of wireless facilities in wetland buffer areas shall he avoided whenever possible and disturbance to wetland buffer areas shall be minimized. All Conservation Commission regulations and procedures must be followed.
ii) 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 site. Applicant must comply with all federal, state and local regulations governing hazardous materials.
iii) Storm water run-off as a result of the wireless facility shall be contained on-site and comply with the DEP Storm Water Management regulations as applicable.
iv) Ground-mounted equipment for wireless service facilities shall not generate acoustic noise in excess of 50 dB at the security barrier.
v) Roof-mounted or side-mounted equipment for 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.
f) Safety Standards
i) Radiofrequency Radiation (RFR) Standards. All equipment proposed for a wireless service facility shall be authorized per the FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation (FCC Guidelines) or any other applicable FCC guidelines and regulations.
ii) Structural Integrity. The applicant shall provide certification by a structural engineer that the wireless service facility is structurally sound for the proposed facility.
5) Application Procedures
a) Special Permit Granting Authority (SPGA). The Special Permit Granting Authority (SPGA) for wireless service facilities shall be the Planning Board.
b) Pre-Application Conference. Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed wireless service facility in general terms and to clarify the filing requirements.
c) Pre-Application Conference Filing Requirements. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed wireless service facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design.
d) Application Filing Requirements. The following shall be included with an application for a Special Permit for all wireless service facilities:
i) General Filing Requirements
(1)Name, address and telephone number of applicant and any co-applicants as well as any agents for the applicant or co-applicants. A 24-hour emergency telephone contact number shall be included for use during construction as well as operation of the wireless communication facility.
(2) Co-applicants may include the landowner of the subject property, licensed carriers and tenants for the wireless service facility
(3) Every application for a wireless service facility Special Permit shall include at least one licensed carrier and the owner of the land as an applicant or a co-applicant.
(4)Original signatures are required for the applicant and all co-applicants applying for the Special Permit. If an agent represents the applicant or co-applicant, an original signature authorizing the agent to represent the applicant and/or co-applicant is required. Photo reproductions of signatures will not be accepted. All other filing requirements in the Zoning Bylaw and the Rules and Regulations as applicable must be complied with.
ii) Location Filing Requirements
(1) Identify the subject property by including the name of the nearest road or roads, street address, and Assessors Map and Parcel number of subject property
(2) Identify the Zoning District designation for the subject parcel. Submit a copy of Town zoning map with parcel identified.
(3) A locus map at a scale of 1" = 1500' showing the subject property and all properties within 300 feet and the location of all buildings, including accessory structures, on all properties shown.
(4) A map showing the other preexistent and approved wireless service facilities in North Andover and outside North Andover within one mile of its boundary.
(5) GPS all equivalent system locating by latitude and longitude wireless service facilities
iii) Siting Filing Requirements. A one-inch-equals-40 feet plan prepared by a Registered Professional Engineer in the Commonwealth of Massachusetts showing the following:
(1) Property lines for the subject property.
(2) Property lines of all properties within 300 feet of the proposed location.
(3) Tree cover on the subject property and all properties directly abutting the subject property, by dominant species and average height.
(4) Outline of all existing buildings, including purpose (e.g. residential buildings, garages, Accessory structures, etc.) on subject property and all properties adjacent to the subject property.
(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 including driveways proposed to serve the wireless service facility.
(8) Distances, at grade, from the proposed wireless service facility to each building on the vicinity plan.
(9) Contours at each 2 feet AMSL for the subject property and adjacent properties within 300 feet.
(10) All proposed changes to the preexistent 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 wireless service facility.
(12) Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) from 'Sight Lines" subsection below.
(13) Location of all wetlands on the subject property and within 100' of the proposed facility as approved by the Conservation Commission.
iv) 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 wireless service facility. Each sight line shall be depicted in profile, drawn at one-inch equals 40 feet scale. The profiles shall show all intervening trees and buildings. In the event there is only one (or more) residential building within 300 feet there shall be at least two sight lines from the closest habitable structures or public roads, if any.
(2) Preexistent (before condition) photographs. Each sight line shall be illustrated by one four-inch by six-inch color photograph of what can currently be seen from any public road and any residential building within 300 feet.
(3) Proposed (after condition) photographs. Each of the preexistent condition photographs shall have the proposed wireless service facility superimposed on it to show what will be seen from public roads and residential buildings if the proposed wireless service facility is built.
(4) Siting elevations or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wireless service facility plus from all preexistent public and private roads that serve the subject property. Elevations shall be at either one-quarter inch equals one foot or one-eight inch equals one foot scale and show the following:
(a) Antennas, mounts and equipment shelter(s), with total elevation dimensions and average ground level (AGL) of the highest point. All future proposed antennas, mounts and equipment shelters if any must be shown in order to be included in the Special Permit.
(b) Security barrier. If the security barrier will block views of the wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
(c) Any and all structures on the subject property.
(d) Preexistent trees and shrubs at current height and proposed trees and shrubs at proposed height at time of installation, with approximate elevations dimensioned.
(e) Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours AMSL.
v) Design Filing Requirements
(1) Equipment brochures for the proposed 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.
(2) Materials of the proposed wireless service facility specified by generic type and specific treatment (e.g. anodized aluminum stained wood, painted fiberglass, alloys, etc.). These shall be provided for the antennas, mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(3) Colors of the proposed wireless service facility represented by a color board showing actual colors proposed. Colors shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs, and security barrier, if any.
(4) Dimensions of the 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.
(5) Appearance shown by at least two photographic superimposition's of the wireless service facility within the subject property. The photographic superimposition's 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.
(6) Landscape plan including preexistent trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
(7) During the public hearing process the applicant shall schedule with the Planning Board a balloon or crane test at the proposed site, at the expense of the applicant, to illustrate the height of the proposed facility.
(8) If lighting on the site is required by the FAA, 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 twenty-five (25) feet beyond property lines. The printout shall indicate the locations and types of luminaries proposed.
vi) Noise Filing Requirements
(1) The applicant shall provide a statement listing the preexistent and maximum future projected measurements of noise from the proposed wireless service facilities, measured in decibels Ldn (common logarithmic scale, accounting for greater sensitivity at night), for the following:
(a) Preexistent or ambient: the measures of preexistent noise
(b) Preexistent plus proposed wireless service facilities: maximum estimate of noise from the proposed wireless service facility plus the preexistent noise environment.
(c) Such statement shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet DEP requirements and Section 8.9(4)(e).
vii) Radiofrequency Radiation (RFR) Filing Requirements
(1) All telecommunications facilities shall be operated only at Federal Communications Commission (FCC) designated frequencies, power levels and standards, including FCC Radio Frequency Emissions standards. The applicant shall provide certification demonstrating that the maximum allowable frequencies; power levels will not be exceeded. Certifications shall include technical specifications, a written explanation of those specifications, and, if necessary, field verification. The Permit Granting Authority may condition any Special Permit granted under this section upon a periodic submittal of certification of compliance with said standards.
(2) In order to determine compliance with applicable FCC regulations, the applicant shall provide a statement listing the preexistent and maximum future projected measurements of RFR from the proposed wireless service facility, including all co-locators, for the following situations:
(a) Preexistent or ambient: the measurement of preexistent RFR.
(b) Preexistent plus proposed wireless service facilities: maximum estimate of RFR from the proposed wireless service facility plus the preexistent RFR environment.
(c) Certification, signed by a engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the Radiofrequency Radiation Standards subsection of this Bylaw.
(3) Applicant must submit a copy of the letter from the Massachusetts Department of Public Health approving the site for this facility as required by 105 CMR 122.000 requires that the Department of Public Health approve all sites for wireless facilities with respect to emissions.
viii) Federal Environmental Filing Requirements
(1) At the time of application filing, an Environmental Assessment (EA)that meets FCC requirements shall be submitted to the Town for each wireless service facility site that requires such an EA to be submitted to the FCC
(2) The applicant shall list location, type and amount (including radiation trace elements) of any materials proposed for use within the wireless service facility that are considered hazardous by the federal, state or local government.
ix) Waiver. The SPGA 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.
6) Co-location
a) Licensed carriers shall share wireless service facilities and sites where feasible and appropriate, thereby reducing the number of wireless service facilities that are stand-alone facilities. All applicants for a Special Permit for a wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
i) A survey of all preexistent structures that may be feasible sites for co-locating wireless service facilities;
ii) Contact, with all other licensed carriers for commercial mobile radio services operating in the Commonwealth of Massachusetts; and
iii) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.
b) An Applicant shall demonstrate to the Planning Board that it has made a good faith effort to co-locate its facility upon an existing facility. The Town may retain a technical expert in the field of RF engineering and/or a structural engineer 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 who has not demonstrated a good faith effort to provide for co-location,
c) If the applicant does intend to co-locate or to permit co-location, the Town shall request drawings and studies that show the final appearance and operation of the wireless service facility at full build-out.
d) If the SPGA approves co-location for a wireless service facility site, the Special Permit shall indicate how many facilities of what type shall be permitted on that site. Pursuant to Section 8.9(3) Regulations 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. This allows a carrier to "pre-permit" a site for additional facilities so that they will not have to apply for another Special Permit later.
e) In order to determine compliance with all applicable FCC Regulations, estimates of RFR emissions will be required for all facilities, including proposed and future facilities both for the applicant and all co-locators.
7) Modifications
a) A modification of a wireless service facility may be considered equivalent to an application for a new wireless service facility and will require a Special Permit when the following events apply:
i) The applicant and/or co-applicant want to add any equipment or additional height not specified in the original design filing.
ii) The applicant and/or co-applicant want to alter the terms of the Special Permit by changing the 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 wireless service facility.
8) Monitoring and Maintenance
a) After the facility is in operation, the applicant shall submit to the SPGA, within 90 days of beginning operations and at annual intervals from the date of issuance of the Special Permit, preexistent and current RFR measurements. Such measurements shall be signed and certified by an RF engineer, stating that RER measurements are accurate and are in compliance or why the measurements fail to comply with all applicable FCC Guidelines as specified in Section 8.9(4)(c)(1) RFR Filing Requirements of this Bylaw. The measurements shall be submitted for both the applicant and all co-locators.
b) After the wireless service facility is in operation the applicant shall submit to the SPGA; within 90 days of the issuance of the Special Permit, and at annual intervals from the date of issuance of the Special Permit, preexistent and current measurements of acoustic noise from the wireless service facility. Such measurements shall be certified and signed by an acoustical engineer, stating that noise measurements are accurate and meet the Noise Standards subsection 6.13.14.5 of this Bylaw
c) The applicant and co-applicant or their successor in interest shall maintain the 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 and landscaping.
d) Failure to obtain the information required in this subsection 8.9(8) of the Bylaw shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate, offense.
9) Abandonment or Discontinuation of Use
a) At such time that a licensed carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified US 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 wireless service facility shall be considered abandoned upon discontinuation of operations.
b) Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
i) Removal of antennas, mount, equipment shelters and security barriers from the subject property.
ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.
iii) Restoring the location of the wireless service facility to its natural condition, except that any landscaping and grading shall remain the after-condition.
c) As a condition of any special permit for the placement, construction or modification of a wireless service facility, a carrier shall place into escrow a sum of money to cover the costs of removing the facility from the subject property. Said amount shall be certified by an engineer, architect or other qualified professional registered to practice in the Commonwealth of Massachusetts. Said funds shall be held by an independent escrow agent to be appointed by the carrier and the SPGA. The carrier shall authorize and, as necessary, shall obtain the authorization of the owner of the property to allow the escrow agent to enter upon the subject property to remove the facility when the facility has been abandoned or discontinued. In the event the posted amount does not cover the cost of demolition and/or removal the Town may place a lien upon the property covering the difference in cost.
d) A facility shall be deemed to be abandoned or discontinued if it has not been used for the purpose for which it was originally constructed for a period of six (6) months or more. Once abandonment or discontinuance has occurred, the carrier shall remove the facility from the subject property within ninety days. In the event that the carrier fails to remove the facility, the town shall give notice to the carrier arid the independent escrow agent that the facility shall be removed by the escrow agent forthwith and the escrow agent, after affording written notice seven days in advance to the carrier, shall remove the facility.
e) Failure to follow the provisions of this subsection 8.9(9) shall result in a fine of not more than $300 dollars for each offense. Each day that such violation continues shall constitute a separate offense.
10) Reconstruction or Replacement of Existing Towers and Monopoles
a) Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of Section 8.9 this Bylaw may be reconstructed, altered, extended or replaced on the same site by Special Permit, provided that the SPGA finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the Town than the preexistent non-conforming structure. In making such a determination, the SPGA 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.
11) Performance Guarantees
a) Insurance in a reasonable amount determined and approved by the SPGA after consultation at the expense of the applicant with one (1) or more insurance companies shall be in force to cover damage from the structure, damage from transmissions and other site liabilities. Annual proof of said insurance must be filed with the SPGA.
b) Funds, sufficient in the opinion of the SPGA to cover annual maintenance of the facility, shall be placed into escrow and shall be held by the independent escrow agent who shall be authorized to expend the funds for the maintenance of the facility on terms to be agreed upon by the carrier and the SPGA as a condition of approval of the special permit.
c) Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute shall be filed with the SPGA by the Special Permit holder.
12) Term of Special Permit.
a) A Special Permit issued for any wireless service facility shall be valid for three (3) years. The special permit may be renewed under the same criteria as the original special permit, provided that the application for renewal of the special permit is made prior to the expiration date of the original or any renewed special permit. Additional measures governing the administration of the special permit are found in Section 10.3 of this Zoning Bylaw (1998/36).
13) Exempt Facilities: Municipal Emergency Wireless Service Facility
a) Wireless service facilities necessary to provide and ensure adequate town-wide coverage for public safety communications to include Police, Fire, Ambulance, Emergency Medical Services, and Emergency Management shall be exempt from the provisions of this bylaw. Commercial or private wireless service facilities, unless they are under contract with the Town of North Andover to provide public safety communication, shall not co-locate on or utilize a municipal emergency wireless service facility and shall not be exempt under this section. Further, if said municipal emergency wireless service facility is to be located on private property, the Town must obtain the permission of the landowner. (12-5-2005 Article 6)
