FAIRHAVEN FAIRHAVEN
Amendments to article IV Definitions - Section 198-33 Definitions and word use
Definition: (Add to town zoning definitions)
Wireless Communication Facility: A freestanding tower or monopole, or an antenna array attached to the roof or highest point of an existing building or structure, including accessory antennas, structures, cables and equipment, if any, which facilitate the provision of wireless communication services.
Wireless Communication Services: the provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service.
Facade-Mount antennas: One or more antennas or panels mounted on the facade of an existing building or structure, including accessory equipment and cables, if any, which facilitate the provision or wireless telecommunications services.
Amendments to Article II Use and Intensity regulations - Section 198-16 Use Regulations Schedule
| Activity Use | RA & RR | RB | RC | P | B | I | A | |
| Wireless Communitions | A | A | A | N | A | A | A | |
| Facade and Roof - Mount | A | A | A | N | Y | Y | A | |
Purpose: The purpose of this section is to regulate wireless communications services so that these services may be provided with minimal harm to the public health, safety and general welfare. Specifically, the Wireless Communications Services Zoning has been created to: Applicants for a special Permit to construct wireless communications service facilities are encouraged to explore alternative types of systems other than systems on newly constructed towers. Wireless communications antennas (including panels) may be mounted on or attached to existing structures (including, without limitations water towers and church steeples) by Special Permit provided that they conform to applicable design requirements as set forth in Section 198-29A (C)(B).
Design standards for Allowed Uses
All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein. Antennas may locate on any existing guyed tower, lattice tower, monopole, electric utility transmission tower, fire tower, church steeple, clock tower or water tower provided that the facility complies with the following: The following information must be submitted for an application to be considered complete: Accessory structures housing support equipment shall be screened from the view of persons not on the lot. There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four hour basis. Additional parking shall not be required for roof-mounted antennas, facade-mounted antennas or for the addition of antennas or panels to a tower. All network connections from the communications site shall be via underground land lines except to the extent of underground land lines are not feasible in the reasonable determination of the Planning Board. Clearing of natural vegetation should be limited to that which is necessary for the construction, operation and maintenance of the tower. Night lighting shall be prohibited unless required by state or federal law and shall be the minimum necessary. Towers shall be set back from the lot lines a distance equal to the height of the tower except that a tower shall be no closer to the nearest lot line of a residentially zoned lot or a lot in residential use (other than the lot on which the tower is proposed) than a distance determined by the following formula: (Height of the tower in feet) 2/40 feet. One tower shall be permitted per lot. No tower shall be more than 150 feet above the natural grade. There shall be a minimum of one parking space for each new facility, to be used in connection with the maintenance of the facility and the site, and not to be used for the permanent storage of vehicles. Towers and facilities shall be painted a neutral, non-reflective color designed to blend with the surrounding environment. Design Standards for Special Permits
Special Permit shall be granted by the Planning board in accordance with M.G.L. Chapter 40A, Section 9.
All of the requirements of Part C B above, apply except by special permit the SPGA may: Allow towers nearer to the property line than the height of the tower, but no tower shall be nearer to a property line than a distance equal to one-half the height of the tower and towers shall be set back a distance equal to the height of the tower from any dwelling no tower may be closer to the nearest lot line of a residentially zoned lot or a lot in residential use (other than the lot on which the tower is proposed than a distance determined by the following formula: (height of the tower in feet) 2/40 feet Determine that a location is favorable to the clustering of facilities and may allow more than one facility on a lot in that location. Require the maintenance of all dmsrovements to the site including structures, fencing, plantings, and required signs; plumb and tension tests shall be available on site to enforcement authorities; that a facility must be removed within 90 days following failure to obtain suitable test specifications, loss of FCC license, or removal of communications devices coupled with disconnection of utilities and that the applicant shall be responsible for the costs to remove any tower.
Criteria for Review and Approval The SPGA shall review all special permit applications for wireless communication facilities, roof mounted antennas or facade mounted antennas and shall issue a special permit if it finds: That the location of the tower or device is suitable and that the size, height, and design is the minimum necessary for that purpose: That any facade or roof mounted antenna or panel located on a structure that is listed on or eligible for listing on the National or Massachusetts Registers of Historic Places shall not materially alter the character-defining features, distinctive construction methods or original historic materials of the building. Any alteration made to a structure that is listed on or eligible for listing on the National or Massachusetts Registers of Historic Places to accommodate a facade or roof mounted antenna shall be fully reversible; That the applicant for a special permit has demonstrated a good faith effort to co-locate with other carriers or to facade or roof mount the wireless communication facility including in such good faith effort a survey of all existing structures that may be feasible sites for mounting or co-location; and contact with all other licensed carriers for operating in the contiguous communities and the SPGA finds no technically or economically equal co-location is available; and That the proposed tower or device is in compliance with federal and state requirements regarding aviation safety. The board shall request drawings and studies which show the ultimate appearance and operation of the personal wireless service facility at full build-out. The board may require the proponent to provide or pay for engineering services to evaluate proposals submitted; determining flexibility of geographic location, loading capacities of structures, and architectural review of camouflage techniques.
Proposed Upland Minimum Lot Requirements Zoning Bylaw Amendment
Amendments to Article II Use and Intensity Regulations - Section 198-18 Intensity of Use Schedule
MINIMUM LOT REQUIREMENTS:
RR RA RC P B I A Contiguous Upland 24,000 13,500 70,000 70,000 14,250 35,000 35,000 Percent of Minimum 80% 90% 70% 70% 95% 70% 70%
Amendments to Article IV Definitions - Section 198-33 Definitions and word use
Definition:
Contiguous Upland Area - Contiguous land other than land classified under the Wetlands Protection Act as freshwater wetland, coastalwetland, beach, flat, marsh, or swamp and land under any water bodies such as ocean creek, river, stream, brook, pond or lake.