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221 ~ ~- TOWER~ CELL TOWERS 222 oontimlous and on~oin~ basis for a p~iod of one yem''. At the time ~' O~erlay l)'~cts of removal, the Facility Site shall be rcmediated such that all Per, mai W'n'eless Service Facility improvements' which have The advantage of an "overlay district" is that the municipality can ~ to operat are removed. If all Facilities on a Tower have map out where the facilities can go, and restrict them to those areas. Thus, oessmi to operate,, the Tower shall 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 difficult to come up with sites no~ssary to mmplete tho required, removal. Applicant shall, as a that don't raise concerns of abutters. ~mdition of the SpeWed Permit, provide a financial surety or other Overlay districts are a proactive approach~ They work less well form of t'mancial guarantee, payable to the Town of Great when a carrier is already considering a site in your community. Under Bsnin~on and m:ceptable to the SPC~A,.to cover the cost of such reactive ~ircumstances, overlay districts are often seen as a ~I~IBY removal of th~ Personal Wireless Service Facility and the effort by the proponents, and are less likely to be politically acceptabl . rmnedisfion of the landscape, should the Facility cease to operate. But with careful consideration of possible sites, determined with the help of'an RF engineer, towns should be able to place the overlay districts xm § 171 - 1~,. l~ees aud Insurance: where the adverse impacts are as minimal as possible. A. Towe~ sad Personal Wireless Service Facilities shall be If you want to create an overlay district, it needs to be done before hlsured by the Owner(s) a~ainst damage to persons or property, you write the bylaw. If your zoning bylaw already defines certain districts Tim owner(s) shall provide a Certificate of Insurance to the -- 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 ~ Barrington shall be an additional named insured, define the overlay district by reference to the assessor's maps and parcel B. A ~lule of fees for Towers and Personal Wireless Service numbers, which~ although not a surveyed definition, is close enough for Facilities permitting and renewal, any Monitoring of emissions' the purposes your town will need. sad inspection of structures, and any other fees Shall be It is important to include in the zoning language that the established by the SI~3A as provided for in Article X, §171- telecommunications overlay district, is mappe~i 'over other districts. It 40.B. of the Zoning Bylaw. This schedule may be amended modifies- and where there .is inconsistency, supersedes -- the re, da- from time to time. tions 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- 13~. Severabillty Clause: overlay district does not result in an overall rezoning of the area affected. The invali~ of any section or provision of this Article shall not invalidate any other section or provision hereof. Fihal Tt~ughts There are many challenges your town will face. as it prepares to use ******** 'zoning to regulate the location of wireless telecommunications facilities. But with careful and thorough work, your community can exercise a ~reat deal of control. That is the end of the Great Barrington by-Iaw. Be aware that the telecommunications industry continues to my, by - a variety of mean~ to reduce the degree of local control avallabl to i...~:ommunities across the country. So it is critical to remain vigilant with fed .:~-"a statewide law Iast year that would have allowed a new o~ . .~[i~.--~. mmunlcations facility on existing structures with a simple building