Planning Board Agenda - Tonight
• To consider amendments to the Templeton Wireless
Communications Facilities and Towers as part of the codification
of the bylaws and other zoning changes.
Did the Templeton Light Department follow this bylaw BEFORE installing the Smart meters and its wireless communication devices?
-Was there a public hearing regarding the wireless communications devices installed on every home and on the light poles?
-Are these wireless communication devices for public safety? or for spying?
Is this yet another instance of the Light and water department "asking for forgiveness instead of asking for permission" - as is required by town bylaws?
Current ByLaw: page 29 of the current bylaws
Did the Templeton Light Department follow this bylaw BEFORE installing the Smart meters and its wireless communication devices?
-Was there a public hearing regarding the wireless communications devices installed on every home and on the light poles?
-Are these wireless communication devices for public safety? or for spying?
Is this yet another instance of the Light and water department "asking for forgiveness instead of asking for permission" - as is required by town bylaws?
Current ByLaw: page 29 of the current bylaws
Article XL – Wireless Communication Facilities & Towers
General Purpose
General Purpose
The purpose of this section shall be to regulate the placement, design, construction,
removal, and modifications of wireless communication facilities and towers and to
protect Templeton’s historic, cultural, natural, and aesthetic resources.
Special Permit Granting Authority shall be the Planning Board
Special Permit Review Criteria
Consistency with Federal Law
These regulations are intended to be consistent with Section 704 of the 1996 Telecommunications Act.
Definitions:
Abandoned Tower: A tower not being used for the purpose it was permitted for a
period of twelve months.
Adequate Coverage: Coverage is adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to
Special Permit Granting Authority shall be the Planning Board
Special Permit Review Criteria
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(A) No wireless communications facility shall be erected, constructed, installed or
operated without first obtaining a special permit from the Town of Templeton
Planning Board. A special permit is required for new tower construction (or
major modification of a preexisting tower) and for all new wireless
communications facilities (or major modification of a preexisting facility) to be
mounted on a tower or structure.
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(B) All applications will be reviewed by the Board of Health & Conservation Board
who will submit their written recommendations within 45 days.
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(C) A building permit is required per CMR 780.
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(D) A public hearing shall be held within 90 days with all costs accrued paid by the
applicant
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(E) Exemptions: The following types of wireless communications facilities and
towers are exempt:
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(1) Amateur radio tower – construction or use of an antenna structure by a
federally licensed amateur radio operator as exempted by M.G.L. Chapter
40A, Section 3.
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(2) A tower or antenna erected by the Town exclusively for municipal public
safety communications purposes.
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(3) Pre-existing towers and antennas
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(1) Amateur radio tower – construction or use of an antenna structure by a
federally licensed amateur radio operator as exempted by M.G.L. Chapter
40A, Section 3.
Consistency with Federal Law
These regulations are intended to be consistent with Section 704 of the 1996 Telecommunications Act.
Definitions:
Abandoned Tower: A tower not being used for the purpose it was permitted for a
period of twelve months.
Adequate Coverage: Coverage is adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to
communicate with the base station without objectionable noise (or excessive bit-error-
rate for digital) and without calls being dropped. In the case of cellular communications
in a rural environment, this would be signal strength of at least –90 dBm. It is acceptable
for there to be minor temporary loss of signal within the area of adequate coverage. The
outer boundary of the area of adequate coverage is that location past which the signal
does not regain uniformity.
Antenna: A device used to transit and/or receive electromagnetic waves, which is attached to a tower of or other structure.
Antenna Support Structure: Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
Available Space: The space on a tower or structure to which antennas of a wireless communication provider is both structurally able and electro magnetically able to be attached.
Base Station: The primary sending and receiving site in a wireless communication facility network. More than one base station and/or more than one variety of wireless communication provider may be located on a single tower or structure.
Building-Mounted Antenna Support Structure: Any antenna support structure mounted on, erected on, or supported in whole or part by a building or structure occupied and/or used for purposes other than wireless telecommunications.
Building For Equipment Shelter: An enclosed structure used to contain batteries, electrical equipment, telephone lines, transmitters, etc. used by the carriers on the towers.
Channel: The segment of the radiation spectrum to or from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
Co-location: Locating the wireless communications equipment of more than one provider on a single tower.
Communication Tower: A monopole or self-supporting tower, constructed as a free- standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving wireless communications. A Tower and its equipment are considered a main use of property.
Consultant: A registered professional engineer (electrical communication specialty) licensed by the Commonwealth of Massachusetts, hired at the expense of the applicant to review the application and verify that the new tower is necessary at the proposed site, or any other review required under this bylaw.
Carrier: A company that provides wireless service as defined by Section 704 of the 1996 Telecommunications Act.
Antenna: A device used to transit and/or receive electromagnetic waves, which is attached to a tower of or other structure.
Antenna Support Structure: Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
Available Space: The space on a tower or structure to which antennas of a wireless communication provider is both structurally able and electro magnetically able to be attached.
Base Station: The primary sending and receiving site in a wireless communication facility network. More than one base station and/or more than one variety of wireless communication provider may be located on a single tower or structure.
Building-Mounted Antenna Support Structure: Any antenna support structure mounted on, erected on, or supported in whole or part by a building or structure occupied and/or used for purposes other than wireless telecommunications.
Building For Equipment Shelter: An enclosed structure used to contain batteries, electrical equipment, telephone lines, transmitters, etc. used by the carriers on the towers.
Channel: The segment of the radiation spectrum to or from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
Co-location: Locating the wireless communications equipment of more than one provider on a single tower.
Communication Tower: A monopole or self-supporting tower, constructed as a free- standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving wireless communications. A Tower and its equipment are considered a main use of property.
Consultant: A registered professional engineer (electrical communication specialty) licensed by the Commonwealth of Massachusetts, hired at the expense of the applicant to review the application and verify that the new tower is necessary at the proposed site, or any other review required under this bylaw.
Carrier: A company that provides wireless service as defined by Section 704 of the 1996 Telecommunications Act.
dBm: Unit of measure of the power level of a signal expressed in decibels referenced to
one milliwatt.
EA: See Environmental Assessment
Emergency Power: Electrical Generators usually powered by propane gas or diesel fuel so as to provide uninterrupted service in the case of electrical utility failure, provided that any generators used may not emit more than 50 decibels over the ambient noise level at the property line.
Environmental Assessment: An EA is the document required by the FCC and NEPA when personal wireless facility is placed in certain designated areas.
FAA: Federal Aviation Administration:
Facility Site: A property, or any part thereof, which is owned or leased by one or more
wireless communications facility(s) and where required landscaping is located.
Fall Zone: The area on the ground within a prescribed radius from the base of a tower, typically the area within which there is a potential hazard from falling debris or collapsing material. The fall zone shall be equal to the tower height.
FCC: Federal Communications Commission
Frequency: The number of cycles completed each second by an electromagnetic wave, measured in hertz (Hz), megahertz (MHz), or one million hertz, or gigahertz (GHz, one billion hertz).
Hertz: One hertz (Hz) is the frequency of an electric or magnetic field, which reverses polarity once each second, or one cycle per second.
Lattice Towers: A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. See Communication Tower.
Major Modifications: The changing or alteration of any portion of a wireless communication facility from its description in a previously approved permit, including any addition that increases the height of the tower size of the building for equipment shelter.
Monitoring: The measurement, by the use of instruments in the field, of non-ionizing radiation exposure from wireless communications facilities, towers, antennas, or repeaters.
Monopole: A type of tower that is self-supporting with a single shaft of wood, steel, or concrete.
NEPA: National Environmental Policy Act
Preexisting Towers and Antennas: any tower or antenna that was lawfully erected
before the effective date of these regulations.
EA: See Environmental Assessment
Emergency Power: Electrical Generators usually powered by propane gas or diesel fuel so as to provide uninterrupted service in the case of electrical utility failure, provided that any generators used may not emit more than 50 decibels over the ambient noise level at the property line.
Environmental Assessment: An EA is the document required by the FCC and NEPA when personal wireless facility is placed in certain designated areas.
FAA: Federal Aviation Administration:
Facility Site: A property, or any part thereof, which is owned or leased by one or more
wireless communications facility(s) and where required landscaping is located.
Fall Zone: The area on the ground within a prescribed radius from the base of a tower, typically the area within which there is a potential hazard from falling debris or collapsing material. The fall zone shall be equal to the tower height.
FCC: Federal Communications Commission
Frequency: The number of cycles completed each second by an electromagnetic wave, measured in hertz (Hz), megahertz (MHz), or one million hertz, or gigahertz (GHz, one billion hertz).
Hertz: One hertz (Hz) is the frequency of an electric or magnetic field, which reverses polarity once each second, or one cycle per second.
Lattice Towers: A type of mount that is self-supporting with multiple legs and cross bracing of structural steel. See Communication Tower.
Major Modifications: The changing or alteration of any portion of a wireless communication facility from its description in a previously approved permit, including any addition that increases the height of the tower size of the building for equipment shelter.
Monitoring: The measurement, by the use of instruments in the field, of non-ionizing radiation exposure from wireless communications facilities, towers, antennas, or repeaters.
Monopole: A type of tower that is self-supporting with a single shaft of wood, steel, or concrete.
NEPA: National Environmental Policy Act
Preexisting Towers and Antennas: any tower or antenna that was lawfully erected
before the effective date of these regulations.
Repeater: A small receiver/relay transmitter and antenna of relatively low power output
designed to provide service to areas that are not able to receive adequate coverage
directly from a base or primary station.
RFI: Radio Frequency Interference RFR: Radio Frequency Radiation
Scenic View: A scenic view is a wide angle or panoramic field of sight and may include natural and/or manmade structures and activities which may be seen from a stationary viewpoint or as one travels along a roadway, waterway, or path, and may be an object nearby or in the distance such as a mountain, or historic building or a pond.
Self-Supporting Tower: A communications tower that is constructed without guy wires. Spectrum: Relating to any transmissions or reception of electromagnetic waves.
Stealth Tower: A structure designed to blend with or be hidden by surrounding terrain, architectural design, or buildings.
Structurally Able: The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonable predictable conditions as determined by professional structural engineering analysis.
Tower: A vertical structure for antenna(s) that provide wireless communications services.
Tower Height: The vertical distance measured from the base of the tower support structure to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the tower height.
Wireless Communications Facility: All equipment, buildings and locations of equipment (real estate) with which a wireless communications provider transmits and receives the waves that carry their services. This facility may be owned and permitted by the provider or another owner or entity.
Wireless Communications Provider: An entity licensed by the FCC to provide telecommunications services to individuals or institutions.
Wireless Services: Commercial mobile services, unlicensed wireless exchange access services, including cellular services, personal communications services, specialized mobile radio services, and paging services.
Permit Application Requirements:
(A) An applicant for a wireless communications tower or facility permit must be a wireless communications provider or must provide a copy of its executed contract to provide land or facilities to an existing wireless communications provider at the time that
RFI: Radio Frequency Interference RFR: Radio Frequency Radiation
Scenic View: A scenic view is a wide angle or panoramic field of sight and may include natural and/or manmade structures and activities which may be seen from a stationary viewpoint or as one travels along a roadway, waterway, or path, and may be an object nearby or in the distance such as a mountain, or historic building or a pond.
Self-Supporting Tower: A communications tower that is constructed without guy wires. Spectrum: Relating to any transmissions or reception of electromagnetic waves.
Stealth Tower: A structure designed to blend with or be hidden by surrounding terrain, architectural design, or buildings.
Structurally Able: The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonable predictable conditions as determined by professional structural engineering analysis.
Tower: A vertical structure for antenna(s) that provide wireless communications services.
Tower Height: The vertical distance measured from the base of the tower support structure to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the tower height.
Wireless Communications Facility: All equipment, buildings and locations of equipment (real estate) with which a wireless communications provider transmits and receives the waves that carry their services. This facility may be owned and permitted by the provider or another owner or entity.
Wireless Communications Provider: An entity licensed by the FCC to provide telecommunications services to individuals or institutions.
Wireless Services: Commercial mobile services, unlicensed wireless exchange access services, including cellular services, personal communications services, specialized mobile radio services, and paging services.
Permit Application Requirements:
(A) An applicant for a wireless communications tower or facility permit must be a wireless communications provider or must provide a copy of its executed contract to provide land or facilities to an existing wireless communications provider at the time that
an application is submitted. A permit shall not be granted for a tower or facility to be
built on speculation.
(B) Applicants for wireless communications towers or facilities shall include the following supplemental information in their filings for special permit approval:
(B) Applicants for wireless communications towers or facilities shall include the following supplemental information in their filings for special permit approval:
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(1) Location Map: The location of the proposed structure on the most recent
United States Geological Survey Quadrangle map, showing the area
within at least a three-mile radius of the proposed tower site.
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(2) A map or sketch of the property proposed to be developed, prepared by a
registered land surveyor drawn to scale and with the area to be developed
clearly indicated.
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(3) A report from qualified and licensed professional engineers (consultants)
that:
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a) Describes the facility height, design, and elevation not to exceed
190 feet.
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b) Documents the height above grade for all proposed mounting
positions for antennas to be colocated on a wireless
communications tower or facility and the minimum separation
distances between antennas.
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c) Describes the tower’s proposed capacity, including the number,
height, and type(s) of antennas that the applicant expects the tower
to accommodate.
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d) Documents steps the applicant will take to avoid interference with
any established public safety wireless communications, and
includes both an intermodulation study that predicts no likely
interference problems and certification that the study has been
provided to the appropriate public safety agencies.
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e) Describes existing and proposed coverage. In the case of new
tower proposals, the applicant shall demonstrate that existing
wireless communications facility sites and other existing structures
within Templeton, in abutting towns, and within a 10 mile radius
of the proposed site cannot reasonably be modified to provide
adequate coverage and/or adequate capacity to the Town of
Templeton.
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f) Describes potential changes to those existing facilities or sites in
their current state that would enable them to provide adequate
coverage, and proves a detailed computer generated Actual
Received Level propagation model that describes coverage of the
existing and proposed facilities.
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g) Describes the output frequency, number of channels and power
output per channel for each proposed antenna.
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h) Includes a written five-year plan for use of the proposed wireless
communications facility, including reasons for seeking capacity in
excess of immediate needs if applicable, as well as plans for
additional development and coverage within the Town of
Templeton.
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a) Describes the facility height, design, and elevation not to exceed
190 feet.
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i) Demonstrates the tower’s compliance with the municipality’s
setbacks for towers and support structures.
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j) Provides proof that at the proposed site the applicants will be in
compliance with all FCC regulations, standards, and requirements,
and includes a statement that the applicant commits to continue to
maintain compliance with all FCC regulations, standards, and
requirements regarding both radio frequency interference (RFI)
and radio frequency radiation (RFR). The Town of Templeton
may hire independent engineers to perform evaluations of
compliance with the FCC regulations, standards, and requirements
on an annual basis at unannounced times. The Town may allocate
to the applicant any reasonable expenses incurred or authorized by
it in retaining independent engineers to perform these evaluations.
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(4) Commitment to Share Space: A letter of intent committing the tower
owner and his or her successors to permit shared use of the tower if the
additional user agrees to meet reasonable terms and conditions for shared
use, including compliance with all applicable FCC regulations, standards,
and requirements and the provision of this by-law.
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(5) Existing Structures: For wireless services to be installed on an existing
structure, a copy of the applicant’s executed contract with the owner of the
existing structure must be submitted.
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(6) Environmental Assessment: To the extent required by the National
Environmental Policy Act (NEPA) and as administered by the FCC, a
complete Environmental Assessment (EA) draft of final report describing
the probable impacts of the proposed facility shall be submitted to the
Planning Board prior to the issuance of a building permit.
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(7) Vicinity Map: A topography map and a priority resource map showing the
entire vicinity within a 1000 foot radius of the tower site, including the
wireless communications facility or tower, public and private roads and
buildings and structures, water bodies, wetlands, landscape features, and
historic sites. The map shall show the property lines of the proposed
tower site parcel and all easements or rights of way needed for access
from a public way to the tower.
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(8) Proposed site plans of the entire wireless communications facility,
professionally drawn to scale, showing all improvements including
landscaping, utility lines, screening, and roads.
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(9) Elevations showing all facades and indicating all exterior materials and
color of towers, buildings, and associated facilities.
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(10) Where the proposed site is forested, the approximate average height of the
existing vegetation within 200 feet of the tower base.
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(11) Construction sequence and estimated time schedule for completion of each
phase of the entire project.
(12) Any additional information requested by the Planning Board.
(C) Plans shall be drawn at a minimum at the scale of one (1) inch equals fifty (50) feet. The permit application shall be signed under the penalties of perjury.
(D) All permit requests shall be submitted during a regular scheduled meeting.
Tower and Antenna Design:
(A) Protection of Scenic Character: Proposed facilities shall not unreasonably interfere with any scenic views, paying particular attention to such views from the downtown business area, public parks, natural scenic vistas or historic buildings or districts. Towers shall, when possible, be sited off ridgelines and where their visual impact is least detrimental to scenic views and areas. In determining whether the proposed tower will have an undue adverse impact on the scenic beauty of a ridge of hillside, the Town shall consider, among other things, the following:
(C) Plans shall be drawn at a minimum at the scale of one (1) inch equals fifty (50) feet. The permit application shall be signed under the penalties of perjury.
(D) All permit requests shall be submitted during a regular scheduled meeting.
Tower and Antenna Design:
(A) Protection of Scenic Character: Proposed facilities shall not unreasonably interfere with any scenic views, paying particular attention to such views from the downtown business area, public parks, natural scenic vistas or historic buildings or districts. Towers shall, when possible, be sited off ridgelines and where their visual impact is least detrimental to scenic views and areas. In determining whether the proposed tower will have an undue adverse impact on the scenic beauty of a ridge of hillside, the Town shall consider, among other things, the following:
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(1) The period of time during which the proposed tower will be viewed by the
traveling public on a public highway, public trail, or public body of water;
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(2) The frequency of the view of the proposed tower by the traveling public;
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(3) The degree to which the view of the tower is screened by existing
vegetation, the topography of the land, and existing structures;
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(4) Background features in the line of sight to the proposed tower that obscure
the facility or make it more conspicuous;
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(5) The distance of the tower from the viewing vantage point and the
proportion of the facility that is visible above the skyline;
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(6) The number of travelers or vehicles traveling on a public highway, public
trail, or public body of water at or near the critical vantage point, and
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(7) The sensitivity or unique value of the particular view affected by the
proposed tower.
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(B) Lighting, Bulk, Height, Glare: All wireless communications facilities,
including towers and antennas, shall be designed and constructed so as to
minimize the visual impact of height and mass of said tower. Materials utilized
for the exterior of any structure shall be of a type, color, and style so as to
minimize glare and blend into the environment. Towers shall not be artificially
illuminated.
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(C) Transmitter Building: Facilities buildings shall be built to accommodate all
anticipated tenants on a tower.
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(D) Landscaping and Screening: Base of tower as well as the building accessory to
the tower shall be screened from view by a suitable vegetation screen that is
consistent with existing vegetation. A planted or existing vegetative screen shall
be maintained. Existing on-site vegetation outside the immediate site for the
wireless facility shall be preserved or improved. Disturbance to existing
topography shall be minimized unless disturbance is demonstrated to result in less
visual impact on the facility from surrounding properties and other vantage points.
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(E) Height Limitations: In order to protect public safety and to preserve the scenic,
rural character and appearance of Templeton, antennas and all related facilities
shall not exceed 190 feet.
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(F) Fencing and Signage: The area around the tower shall be completely fenced for
security to a height of 8 feet and gated. Use of multiple strands of barbed wire is
required. A painted sign no greater than two square feet stating the name of the
facility’s owner and a 24 hours emergency number shall be posted on the entry
gate. In addition, “No Trespassing” and any other mandated warning signs shall
be posted and maintained at the site. No commercial signs or lettering shall be
placed on a tower. The tower must be equipped with an anti-climbing device.
The wireless communications facility owner shall maintain adequate insurance on
all wireless communications facilities.
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(G) Utilities: All utilities must be routed underground via conduit from public road to
site where feasible.
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(H) Access Road: Vehicle access to site shall be required and shall conform to all
Conservation Commission guidelines and be at least 18 feet wide. A sturdy,
posted swinging, lockable gate must be installed which is more than 15 feet and
less than 30 feet off the public road upon which said access is situated, A KNOX
box or keys shall be provided to a designated town official for municipal access.
Finish grade must be approved by the Highway Superintendent. Easements shall
be provided to the Town of Templeton for access and removal in the case of
facility/tower abandonment.
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(I) Removal of Abandoned Antennas and Towers:
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(1) The owner of a facility/tower shall annually, by January 15, file a
declaration with the Town of Templeton Planning Board certifying the
continuing safe operation of said facility/tower installed subject to these
regulations. Failure to file a declaration shall mean that the facility/tower
is no longer in use and shall be considered abandoned.
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(2) A facility/tower shall also be considered abandoned when it has not been
used for the purpose for which it was permitted, for a period of twelve
months.
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(3) The applicant or subsequent owners shall provide and maintain a financial
surety bond in the amount of $50,000.00 (fifty thousand dollars) payable
to the Town of Templeton to cover the costs of removal of each wireless
communications facility applied for and the remediation of the landscape,
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(1) The owner of a facility/tower shall annually, by January 15, file a
declaration with the Town of Templeton Planning Board certifying the
continuing safe operation of said facility/tower installed subject to these
regulations. Failure to file a declaration shall mean that the facility/tower
is no longer in use and shall be considered abandoned.
should the facility be deemed abandoned. The bond shall not limit the
applicant’s financial liability to the Town for said facility/tower removal.
The bond amount shall be reviewed every year by the planning board and
shall be adjusted if deemed necessary. If the bond is deemed to be adjusted
the applicant shall have 90 days from notice to provide an adjusted bond.
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a) The owner of a facility/tower shall have 90 (ninety) days to removal
said tower from the date it is deemed abandoned as stated above.
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b) The town may exercise its option to remove said facility/tower at its
own discretion upon notification of owner, any time after the 90 (ninety) day waiting period.
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(J) Emergency Power: Emergency power shall emit no more than 50 decibels over
ambient noise level at all property lines.
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(K) Noise: Noise at the site perimeter from the operation of any machinery or
equipment shall be minimized.
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(L) Property Consideration: An applicant shall demonstrate that all municipally-
owned property in the geographic area was considered.
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(M) This section deleted by A/G
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(N) Distance of Tower or Repeaters:
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(1) No repeater shall be located less than 25 feet, nor more than 70 feet above
ground.
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(2) No tower or personal wireless service facility with the exception of
repeaters shall be located:
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(a) Within any of the following prohibited areas:
(i) Massachusetts or Federally regulated wetlands (ii) A Massachusetts Certified Vernal Pool
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(b) Within 100 feet horizontally of any Massachusetts regulated
wetland.
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(c) Within 200 feet of any existing permanently occupied residential
dwelling.
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(d) Within 200 feet of an existing property line unless incorporated
within an existing building, tower, or steeple.
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(a) Within any of the following prohibited areas:
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(1) No repeater shall be located less than 25 feet, nor more than 70 feet above
ground.
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(O) Documentation: Engineering and Environmental Assessment impact as well as
FAA notice of determination of no hazard of flight zone shall be submitted with
any application.
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(P) Colocation Requirements: An application for a new (non co-located) wireless
communications tower shall not be approved unless the Planning Board finds that
the wireless communications facility planned for the proposed tower cannot be
accommodated on an existing or approved tower or structure due to one of the
following reasons:
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(1) The proposed antennas and equipment would exceed the structural or
spatial capacity of the existing or approved tower or facility, as
documented by a qualified engineer (consultant) licensed to practice in the
Commonwealth of Massachusetts, and the existing or approved tower
cannot be reinforced, modified, or replaced to accommodate planned or
equivalent equipment, at a reasonable cost, to provide coverage and
capacity comparable to that of the proposed facility.
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(2) The proposed antennas and equipment would cause interference materially
impacting the usefulness of other existing or permitted equipment at the
existing or approved tower or facility as documented by a qualified
engineer (consultant) licensed to practice in the Commonwealth of
Massachusetts and such interference cannot be prevented at a reasonable
cost.
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(3) The proposed antennas and equipment, along or together with existing
facilities, equipment, or antennas, would create RFI in violation of federal
standards or requirements.
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(4) The proposed antennas and equipment, alone or together with existing
facilities, equipment or antennas, would create RFR in violation of federal
standards or requirements.
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(5) Existing or approved towers and structures cannot accommodate the
planned equipment at a height necessary to function, or are too far from
the area of needed coverage to function reasonably, as documented by a
qualified engineer (consultant) licensed to practice in the Commonwealth
of Massachusetts.
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(6) Aesthetic considerations make it unreasonable to locate the planned
wireless communications equipment upon an existing or approved tower
or building.
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(7) There is no existing or approved tower in the area in which coverage is
sought.
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(8) Other unforeseen specific reasons make it unreasonable to locate the
planned wireless communications equipment upon existing or approved
tower or building.
(R) Wireless communication towers shall be a minimum distance of two and one half
(2.5) miles from each other unless it is determined by a qualified engineer
(consultant) licensed to practice in the Commonwealth of Massachusetts that a
closer proximity is need for “Adequate Coverage” as defined under definitions
Under no circumstances shall any wireless communications tower be within a
distance of one (1) mile of each other unless such tower is a stealth tower and the
applicant’s technology cannot be used on an existing tower as determined by a
qualified engineer (consultant) licensed to practice in the Commonwealth of
Massachusetts.
Modifications to Existing Wireless Communications Facilities Special Permit:
An alternation or addition to a previously approved wireless communications facility shall require an additional special permit when any of the following are proposed:
(A) Upon receiving a permit, the permittee shall annually, by January 15, document that the facility is in compliance with all FCC standards and at the same time the permittee shall provide a list of the most recent RFR readings at the site, their distances from the tower/transmitter, dates of the readings, and the name of the person or company who took the readings.
(B) All payment and non-payment of taxes shall fall under the Templeton By-Law article XXXII
Fees:
The Town shall establish a schedule of fees to cover permitting and monitoring costs. Fees may include the reasonable costs of an independent technical assessment of the application by a consultant.
Severability:
If a court of competent jurisdiction holds any portion of this by-law unconstitutional or invalid, the remainder of this by-law shall not be affected.
Conflicts:
If any definition or term as used in this by-law is inconsistent with or would result in a conflict with an applicant’s compliance with any FCC regulation or
Modifications to Existing Wireless Communications Facilities Special Permit:
An alternation or addition to a previously approved wireless communications facility shall require an additional special permit when any of the following are proposed:
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(A) A change in the number of buildings or facilities permitted on the site;
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(B) Changes in technology used by the wireless communications facility;
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(C) An addition or change of any external equipment or an increase in the height of
the tower, including profile of additional antennas, not specified in the original
application; or
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(D) Change in ownership.
(A) Upon receiving a permit, the permittee shall annually, by January 15, document that the facility is in compliance with all FCC standards and at the same time the permittee shall provide a list of the most recent RFR readings at the site, their distances from the tower/transmitter, dates of the readings, and the name of the person or company who took the readings.
(B) All payment and non-payment of taxes shall fall under the Templeton By-Law article XXXII
Fees:
The Town shall establish a schedule of fees to cover permitting and monitoring costs. Fees may include the reasonable costs of an independent technical assessment of the application by a consultant.
Severability:
If a court of competent jurisdiction holds any portion of this by-law unconstitutional or invalid, the remainder of this by-law shall not be affected.
Conflicts:
If any definition or term as used in this by-law is inconsistent with or would result in a conflict with an applicant’s compliance with any FCC regulation or
licensing requirement, the FCC regulation or licensing requirement shall
control.
Waivers:
Strict compliance with these requirements may be waived when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the Templeton By-Laws.
Passed 5-1-00, amended 9-26-00, approved by A/G 12-12-00
Waivers:
Strict compliance with these requirements may be waived when, in the judgment of the Planning Board, such action is in the public interest and not inconsistent with the Templeton By-Laws.
Passed 5-1-00, amended 9-26-00, approved by A/G 12-12-00
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