Item 3 - PH/Ord. on Cell Towers - Laserfiche WebLink

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221 (71~.I. TOWERS CELL TOWERS 222 contimm~ and ongoing basis for a period of One year.. At tho time ~ Overlay Districts of renmmll, the Facility Site shall be remediated such that all . .. Personal Wh'eless Service Facility improvements which have The advantage of an "overlay district" is that the mUnicipality can ceased to operate are removed. If all Facilities on a Tower. have map out where the facilities can go, and restrict them to those areas. Thus, ceased to operate, the Tower shah also be removed, and the Site the town controls the sites where the carriers can place the facilities. The shall be revegetated. Existing trees shall only be removed if disadvantage is that it may be politically di~cult to come up with sites necessary to complete the required, removal. Applicant shall, as a that don't raise concerns of abutters. condition of the Spe~al Permit, provide a financial surety or other Overlay districts are a proactive approach.' They work less well form of financial guarantee, payable to the Town of Great when a carrier is already considering a site in your community. Under Banington and acceptable to the SPGA,.to cover the cost of such reactive ~ircumstances, overlay districts are often seen as a NIMBY removal of th~ Personal WireleSS Service Facility and the effort by the proponents, and are less likely to be politically acceptable. remedhttion of the landscape, should the Facility cease to operate. But with carefi~l consideration of possible sites, determined with the help of an RF engineer, towns should be able to place the overlay districts .xm § 171 - 132. Fees and Insnranee: where the adverse impacts are as minimal as possible. A. Towers and Personal Wireless Service Facilities shall be If you want to create an overlay district, it needs to be dOne before inmred by the Owner(s) against damage to pemons or pwperty, you write the bylaw. If your zoning bylaw already defines certain districts' The owner(O shall pwvide a Certificate of ~ce to the m and most do, then the definition of the telecommunications overlay ~'s Office on an annual basis in which the. Town of district goes in that section. It has been adequate in the Berkshires to Great Barrington shall be an additional named insured, define the overlay district by reference to the asse,~r's maps and parcel B. A sclledule of fees for Towers and Personal Wireless Service numbers, which~ although not a surveyed definition, is close enough for Facilities ~mitfing and renewal, any Monitoring of emissions the purposes your town will need. mad inspection of structures, and any other fees Shall be It is important to, include in the zo. ning language that the established by the SPOA as provided for in Article X, §171- telecommunications overlay district, is mapped 'over other districts. It 40.B. of the Zoning Bylaw. This schedule may be amended modifies -- and where there .is inconsistency, supersedes -- the regula- from time to time. fions of other districts. Except as so modified or suPerseded,' the regu- lations of the underlying districts remain in effect. This clarifies that the XlV §171- 1~3. Severabillty Clause: overlay district does not result in an overall rezoning of the area affected. The invalidity of any section or provision of this Article shall not invalidate any other section or pwvision hereof. Fihal Thoughts There are many challenges your town will face. as it prepares to use ******** zoning to regulate the location of wireless telecommunications facilities. But with carefi~l and thowugh work, your community can exercise a great deal of control. That is the end of the Great Bardngton by-Iaw. Be aware that the telecommunications industry continues to try, by · a variety of means; to reduce the degree of local control availabl to i.. oommunities across the country. So it is critical to remain vigilant with ~~ to~ed 5oth federal and state regulations and laws. MassaChusetts nearly .c a ztatewide law Iast year that would have allowed a new o . cations facility on existing structures with a simple building