[Added 5-5-1997 ATM, Art. 24; amended
5-3-2000 ATM, Art. 20, 3-16-2004 STM,
Art. 2; 5-17-2004 ATM, Art. 17]
~ 171-120. Purposes.
The purposes of this Personal Wireless Service Facilities and Towers Article are to:
A. Preserve the character and appearance of the Town while simultaneously allowing adequate personal wireless services to be developed.
B. Protect the scenic, historic, environmental and natural or man-made resources of the community.
C. Provide standards and requirements for planning, regulation, placement, construction, monitoring, design, modification and removal of personal wireless service facilities.
D. Provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify personal wireless service facilities.
E. Preserve property values.
F. Minimize the total number and height of towers throughout the community.
G. Locate towers so that they do not have negative impacts such as, but not limited to, attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life of the community.
H. Require owners of towers and personal wireless service facilities to configure them so as to minimize and mitigate the adverse visual impact of the towers and facilities where possible.
I. Require tower sharing and the clustering of personal wireless service facilities where possible.
~ 171-121. Consistency with federal law.
These regulations are intended to be consistent with the Telecommunications Act of 1996 in that they do not prohibit or have the effect of prohibiting the provision of personal wireless services; they are not intended to be used to unreasonably discriminate among providers of functionally equivalent services; they do not regulate personal wireless services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services and facilities comply with the FCC's regulations concerning such emissions.
~ 171-122. Definitions and word usage.
As used in this Personal Wireless Service Facilities Article, the following terms shall have the meanings indicated. The words "shall" or "will" indicate mandatory requirements; "may" is advisory and indicates recommendations, which are not mandatory.
ACT -- The Telecommunications Act of 1996.
ANTENNA -- A device which is attached to a tower, or other structure for transmitting and receiving electromagnetic waves.
AVAILABLE SPACE -- The space on a tower or structure to which antennas of a personal wireless service provider are both structurally able and electromagnetically able to be attached.
BASE STATION -- The primary sending and receiving site in a wireless telecommunications network. More than one base station and/or more than one variety of personal wireless service provider can be located on a single tower or structure.
CHANNEL -- The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
COMMUNICATION EQUIPMENT SHELTER -- A structure located at a base station designed principally to enclose equipment used in connection with personal wireless service transmissions.
DBM -- Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliwatt.
ELECTROMAGNETICALLY ABLE -- The determination that the new signal from and to the proposed new antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.
EMF -- Electromagnetic frequency radiation.
EVALUATION -- Either the measurement, by the use of instruments in the field, of the radiation from a site as a whole, or from individual personal wireless service facilities, towers, antennas or repeaters; or the calculation of radio frequency radiation levels from such locations utilizing the FCC's OET Bulletin 65, the National Council on Radiation Protection and Measurements Reports 86 and 119, or other applicable standards approved by the FCC and used in accordance with FCC requirements and instructions.
EVALUATION PROTOCOL -- The levels of radio frequency radiation emissions shall be assessed by calculations utilizing the FCC's OET Bulletin 65 or any other current applicable guidelines. The SPGA may, as the technology changes, require, by written regulation, the use of other evaluation protocols. A copy of the evaluation protocol shall be on file with the Town Clerk.
FACILITY SITE -- A property, or any part thereof, which is owned or leased by one or more personal wireless service providers and upon which one or more personal wireless service facility(s), including any personal wireless tower or structure on which the personal wireless service facility may be mounted, and required landscaping are located.
FCC -- Federal Communication Commission. The government agency responsible for regulating telecommunications in the United States.
MONOPOLE -- A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal pole with below grade foundations.
OET BULLETIN 65 -- The FCC's Office of Engineering and Technology bulletin, published in August 1997, and entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields", and any associated appendices or supplements, including Supplement C (dated January 2001) entitled "Additional Information for Evaluating Compliance of Mobile and Portable Devices with FCC Limits for Human Exposure to Radiofrequency Emissions." These provide a protocol for calculating or predicting the strength of electromagnetic fields near personal wireless service facilities and towers. Bulletin 65 may be found on the FCC website at <http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/
bulletins/oet65/oet65.pdf>.
PERSONAL WIRELESS SERVICE FACILITY -- All equipment (including any repeaters) with which a personal wireless service provider broadcasts and receives the radio frequency waves which carry their services and all locations of said equipment or any part thereof. This facility may be sited on one or more personal wireless towers or structure(s) owned and permitted by another owner or entity.
PERSONAL WIRELESS SERVICE PROVIDER -- An entity, licensed by the FCC to provide personal wireless services to individuals or institutions.
PERSONAL WIRELESS SERVICES -- Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services. These services include: cellular services, personal communication services (PCS), specialized mobile radio services and paging services.
PERSONAL WIRELESS TOWER OR STRUCTURE -- A tower or existing structure upon which one or more personal wireless service facilities may be installed.
RADIATION PROPAGATION STUDIES OR RADIAL PLOTS -- Computer-generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these simulations. They are the primary tool for determining whether a site will provide adequate coverage for personal wireless services facility proposed for that site.
REPEATER -- A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas which are not able to receive adequate coverage directly from a base station.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA) -- The Board of Selectmen shall be the SPGA for this article.
STRUCTURALLY ABLE -- The determination that a tower or structure is capable of carrying the load imposed by the proposed new antennas under all reasonably predictable conditions as determined by professional structural engineering analysis.
TELEPORT -- A facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmitting in the C-Band (four to six GHz) spectrum.
TOWER -- A lattice structure or framework, or monopole, in excess of 15 feet tall, that is designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment.
WTOD (or OVERLAY DISTRICT) -- Wireless Telecommunications Overlay District as set forth in ~ 171-9 of this chapter and as defined, delineated and mapped on the set of eight maps entitled "Wireless Telecommunications Overlay District, ~ 171-9D(3) WTOD, Town of Great Barrington, MA" and incorporated by reference herein.
~ 171-123. Exempted wireless telecommunications uses.
This article specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch; amateur (ham) radio; citizens band radio; low-power FM radio stations, any existing commercial radio tower, radio dispatch services for local businesses. No personal wireless service facility shall be considered exempt from this article for any reason, whether or not said facility is proposed to share a tower or other structure with such exempt uses.
~ 171-124. Provision of independent consultants.
A. Upon submission of an application for a special permit under this article, the Town Manager or the SPGA may hire independent consultants whose services shall be paid for by the applicant(s) under the terms of Selectmen's Policies and Procedures in accordance with Chapter 44, Section 53G, of the Massachusetts General Laws. These consultants shall each be qualified professionals with a record of service to municipalities in one of the following fields: a) telecommunications engineering, b) structural engineering, c) monitoring of electromagnetic fields and, if determined necessary by the SPGA, d) other consultants.
B. In the event the Town Manager or the SPGA elects to hire an independent consultant, the independent consultant(s) shall be selected after consultation with the Planning Board, the Board of Health and the Conservation Commission, which may propose a list of qualified candidates.
~ 171-125. Prohibition of teleports.
There shall be no teleport(s) within the Town of Great Barrington.
~ 171-126. Application requirements tower or structure and initial facility.
A. No personal wireless tower or structure shall be erected, constructed, modified or installed, nor shall the initial personal wireless service facility be mounted upon any such personal wireless tower or structure without first obtaining a special permit from the SPGA. Applications shall be submitted using the Long Form Application (SP-2), in accordance with the requirements of Article X of this chapter. A special permit is required of the first personal wireless service facility to be mounted on the personal wireless tower or structure so that the Town can have the opportunity to assess the impacts of the new facility in accordance with the purposes of this chapter. The following additional information must also be submitted.
B. Required documentation.
(1) Copies of all submittals and showings pertaining to: FCC licensing; environmental impact statements; FAA notice of construction or alteration; aeronautical studies; and all data, assumptions and calculations relating to service coverage and power levels regardless of whether categorical exemption from routine environmental evaluation under the FCC rules is claimed.
(2) The exact legal name, address or principal place of business and phone number of the applicant. If any applicant is not a natural person, it shall also give the state under which it was created or organized.
(3) The name, title, address and phone number of the person to whom correspondence or communications in regard to the application are to be sent. Notice, orders and other papers may be served upon the person so named, and such service shall be deemed to be service upon the applicant.
(4) Name, address, phone number and written consent to apply for this permit, of the owner of the property on which the proposed tower shall be located, or of the owner(s) of the tower or structure on which the proposed facility shall be located.
(5) Details of proposed method of financial surety as required in ~ 171-132.
(6) Any applicant for a permit or a special permit under this chapter shall provide a written commitment that if the applicant receives a permit or special permit under this chapter, that the applicant shall abide by the requirements of ~~ 171-131, 171-132 and 171-133 herein as they may apply.
(7) The applicant shall provide a written, irrevocable commitment valid for the duration of the existence of the personal wireless tower or structure, to rent or lease available space for collocation on the tower or structure at fair-market prices and terms, without discrimination to other personal wireless service providers.
(8) If an applicant for a special permit for a personal wireless tower or structure is not simultaneously applying for a personal wireless service facilities special permit, it shall provide a copy of its existing lease/contract with a personal wireless service provider showing that the provider is legally obligated to locate its personal wireless service facility on the personal wireless tower or structure in question. A special permit under this section shall not be granted for a tower to be built on speculation (without a contract or lease with a personal wireless service provider).
(9) Required plans and engineering plans, prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. (NOTE: Survey plans should also be stamped and signed by a professional land surveyor registered in Massachusetts.) Plans shall be on twenty-four-inch by thirty-six-inch sheets, on as many sheets as necessary, and at scales which are no smaller (i.e. no less precise) than listed below, and which show the following information:
(a) Each plan sheet shall have a title block indicating the project title, sheet title, sheet number, date, revision dates, scale(s), and original seal and signature of the P.E. and other professionals who prepared the plan.
(10) The applicant shall provide the following plans and maps:
(a) Location map. Copy of a portion of the most recent U.S.G.S. Quadrangle map, at a scale of 1:25,000, and showing the area within at least two miles from the proposed tower site. Indicate the tower or structure location and the exact latitude and longitude (degrees, minutes and seconds).
(b) Vicinity map. At a scale of no less than one inch equals 100 feet (1:1,200) with contour intervals no greater than 10 feet (three meters) showing the entire vicinity within a one-thousand-foot radius of the tower or structure site, and including the topography, public and private roads and driveways, buildings and structures, bodies of water, wetlands, landscape features, historic sites, habitats for endangered species.
(c) Abutter's map. Indicate the property lines of the proposed tower site parcel and all abutters within 300 feet of the tower site parcel (from assessors maps or available surveys). Include the names of all abutters within 300 feet of the tower site parcel. Indicate any access easement or right-of-way needed for access from a public way to the tower, and the names of all abutters or property owners along the access easement or who have deeded rights to the easement.
(d) Proposed site plans: Proposed facility site layout, grading and utilities at a scale of not less than one inch equals 20 feet and with topography drawn with a minimum of two-foot contour intervals.
[1] Proposed personal wireless tower or structure location and any appurtenances, including supports and guy wires, if any, and any accessory building (communication equipment shelter or other). Indicate property boundaries and setback distances to the base(s) of the tower and to the nearest corners of each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements.
[2] Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or above ground.
[3] Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration.
[4] Locations of any wetlands or streams and location and description of any direct or indirect wetlands alteration proposed.
[5] Detailed plans for drainage of surface and/or subsurface water; plans to control erosion and sedimentation, both during construction and as a permanent measure.
[6] Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, etc; any exterior lighting or signs.
[7] Plans of proposed access driveway or roadway and parking area at the tower site. Include grading, drainage, and traveled width. Include a cross section of the access drive indicating the width, depth of gravel, paving or surface materials. Include a road profile of the proposed access driveway or road.
(e) Proposed personal wireless tower or structure and appurtenances at a scale of not less than one inch equals 10 feet.
[1] An elevation of the proposed personal wireless tower or structure and any guy wires or supports. Show all proposed antennas, including their location on the personal wireless tower or structure.
[2] Detail proposed exterior finish of the personal wireless tower or structure.
[3] A professional engineer's written description of the proposed tower's structure or of the structure proposed for the mounting of personal wireless facilities and its capacity to support additional antennas or other communications facilities at different heights and the ability of the personal wireless tower or structure to be shortened or added to in the future to adapt to changing communications conditions or demands.
(f) Proposed antennas.
[1] Plans, elevations, sections and details at appropriate scales but not less than 1/4 inch equals one foot (1:48).
[2] Number of antennas and repeaters, as well as the exact locations of antenna(s) and of all repeaters (if any) located on a map as well as by degrees, minutes and seconds of latitude and longitude.
[3] Mounting locations on personal wireless tower or structure, including height above ground.
[4] Antenna type(s), manufacturer(s), model number(s).
[5] For each antenna, the antenna gain and antenna radiation pattern.
[6] Number of channels per antenna, projected and maximum.
[7] Power output, in normal use and at maximum output for each antenna and all antennas as an aggregate.
[8] Output frequency of the transmitter(s).
(g) Proposed communications equipment shelter.
[1] Floor plans, elevations and cross sections at a scale of no smaller that 1/4 inch equals one foot (1:48) of any proposed appurtenant structure.
[2] Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.
(h) Sight lines.
[1] A plan map of a circle of two miles radius of the facility site on which any visibility of the proposed tower from a public way shall be indicated. The locations from which the photographic simulation or profile drawing required below were taken shall also be indicated upon this plan.
[2] If the proposed personal wireless tower or structure is visible from a public way, then the applicant shall submit either a photo simulation of the proposed tower or structure from one or more locations along the public way, or a profile drawing which shall utilize the U.S.G.S. Quadrangle map, at a scale of 1:25,000, and submit profile drawings on a horizontal scale of one inch equals 400 feet with a vertical scale of one inch equals 40 feet. Trees shall be shown at existing heights and at projected heights in 10 years.
(11) Balloon test. Within 35 days of submitting an application, the applicant shall arrange to fly, or raise upon a temporary mast, a four-foot diameter brightly colored balloon at the maximum height and at the location of the proposed tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised, by the applicant at seven and 14 days in advance of the first test date in a newspaper with a general circulation in the Town of Great Barrington. The applicant shall inform the SPGA and the Planning Board, in writing, of the dates and times of the test, at least 14 days in advance. The balloon shall be flown for at least eight consecutive daylight hours for no less than five days within a fourteen-day period within the
dates chosen. Visibility and weather conditions must be adequate for interested citizens to be able to clearly see the balloon test, or further tests may be required by the SPGA.
(12) Any applicant for a permit or a special permit under this article shall provide a set of radial plot maps from each location in the WTOD showing the projected coverage from each location. The purpose of this provision is to identify any potential gaps in wireless service and to assist the Town in planning for future wireless communication coverage.
~ 171-127. Application requirements for subsequent facilities upon previously permitted tower or structure.
Where a personal wireless tower or structure has received a special permit under this article and at least one personal wireless service provider (which has obtained a special permit under this section) is providing personal wireless services from the personal wireless tower or structure, and the facility remains in full compliance with the terms and conditions of this article and the special permit, then any other provider of personal wireless services may place a personal wireless service facility at that personal wireless tower or structure without obtaining a special permit. The provider shall provide the following information to the Board of Selectmen, Planning Board and Building Inspector in order to obtain a building permit to allow the mounting of its equipment at the site, and must agree in writing to comply with the
conditions set forth in the sections of this article referenced in ~ 171-127B immediately below. The Board of Selectmen and the Planning Board have 15 days to review that information and provide comments and concerns to the Building Inspector. The Town may require the provider to pay for the Town to hire an independent consultant as set forth in ~ 171-124.
A. All information set forth in ~ 171-126B(1), (2), (3), (4), (5), (6), (9), (10)(f) and (g) and (12).
B. Applicant shall comply with the terms of ~ 171-131, ~ 171-132, and ~ 171-133 where applicable.
~ 171-128. General requirements.
A. New towers shall be set at least one time the height of the tower, plus 50 feet from any boundaries of the WTOD site within which the tower is located and from any dwelling unit within the WTOD. A personal wireless tower or structure shall comply with the setback requirements set forth in ~ 171-18 of this chapter for the applicable district.
B. No personal wireless tower or structure or personal wireless service facility shall be located any closer than 500 feet to any dwelling unit located outside the WTOD in existence at the time of installation of the personal wireless tower or structure or personal wireless service facility.
C. If the personal wireless tower or structure facility or tower site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in depth around the entire perimeter except where the access drive is located. The applicant may, at the discretion of the SPGA, be required to obtain a financial surety to cover the cost of the remediation of any damage to the landscape which occurs during the clearing of the site.
D. Fencing and signs. The area around the personal wireless tower or structure and communication equipment shelter(s) shall be completely fenced for security to a height of six feet and gated. Use of razor wire is not permitted. A sign no greater than two square feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted adjacent to the entry gate. In addition, "no trespassing" or other warning signs may be posted on the fence.
E. Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 15 feet high. The buildings shall be used only for the housing of equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
F. New towers shall not exceed 150 feet, not including whip antennas or lightning rods, subject to a maximum future expansion of 10% by approval of the SPGA to eliminate the need for another tower in the immediate area.
G. Tower finish. New tower(s) shall have a galvanized finish unless otherwise required. The SPGA may require the tower(s) to be painted or otherwise camouflaged to minimize the adverse visual impact. The SPGA may also require personal wireless service facilities and repeaters to be painted or otherwise camouflaged to minimize the adverse visual impact.
H. Personal wireless towers or structures must be of a type which will maximize potential sharing. The applicant must demonstrate the future utility of such personal wireless tower or structure for expansion of service for the applicant and other future applicants.
I. The use of repeaters to assure adequate coverage, or to fill holes within areas of otherwise adequate coverage, while minimizing the number of required towers is permitted and encouraged. An applicant who has received a personal wireless service facility special permit under this article, may, with at least 30 days written notice to the SPGA, Planning Board, the Board of Health, Conservation Commission, Building Inspector and Town Clerk, install one or more additional repeaters by right. Site plan review before the Planning Board shall be required and any conditions or recommendations proposed by the Planning Board shall become conditions of the building permit. The Planning Board shall publish written notice of the public meeting date at least 14 days in advance. Applicants shall detail
the number, location, power output, and coverage of any proposed repeaters in their systems and provide engineering data to justify their use.
J. Commercial advertising shall not be allowed on any antenna, tower, or accessory building or communication equipment shelter.
K. Unless required by the Federal Aviation Administration no night lighting of towers, or the personal wireless service facility, is permitted except for manually operated emergency lights for use when operating personnel are on site.
L. No tower or personal wireless service facility that would be classified as a hazard to air navigation, as defined by the Federal Aviation regulations (Title 14 CFR), is permitted.
M. Parameters of appropriate siting within the WTOD:
(1) Towers and personal wireless service facilities shall be located so as to minimize the following potential impacts:
(a) Visual/aesthetic. Towers shall, when possible, be sited off ridgelines, and where their visual impact is less detrimental to highly rated scenic areas.
(b) Diminution of residential property values. Siting shall be in as low population density areas as possible.
(c) Safety, in cases of structural failure and attractive nuisance.
(d) Safety from excessive electromagnetic radiation, in case the tower or personal wireless service facility is found to exceed the FCC guidelines.
(2) The following locations are ranked in order of preference:
(a) Shared use of existing towers shall be encouraged.
(b) Clustering of towers: Applications for towers adjacent to existing towers shall be encouraged, provided that the existing tower(s) are already fully utilized.
(c) The use of municipal lands where appropriate shall be encouraged.
(d) The use of repeaters either within or outside the WTOD to provide adequate coverage without requiring new tower(s) shall be encouraged.
(3) Each personal wireless tower or structure or personal wireless service facility shall be located within the WTOD so as to provide adequate coverage and adequate capacity with the least number of towers and antennas which is technically and economically feasible.
(4) The SPGA may request input from the Chiefs (or their designees) of Fire, Police and other emergency services regarding the adequacy for emergency access of the planned drive or roadway to the site.
~ 171-129. Evaluation by independent consultants.
A. Upon submission of a complete application for a special permit under this article, the SPGA shall provide its independent consultant(s), if any, with the full application for their analysis and review.
B. Applicants for any special permit under this article shall obtain permission from the owner(s) of the proposed property(s) or facilities site(s) for the Town's independent consultant(s), to conduct any necessary site visit(s).
~ 171-130. Approval criteria.
A. In acting on the special permit application, the SPGA shall proceed in accordance with the procedures and timelines established for special permits in Article X of this chapter.
B. In addition to the findings required by this chapter in ~ 171-45, the SPGA shall, in consultation with the independent consultant(s), make all the applicable findings before granting the special permit, as follows:
(1) That the applicant has agreed to rent or lease available space on the personal wireless tower or structure, under the terms of a fair-market lease, without discrimination to other personal wireless service providers;
(2) That proposed personal wireless tower or structure or personal wireless service facility will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources;
(3) That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities; and
(4) That the proposal shall comply with OET Bulletin 65 regarding emissions of electromagnetic radiation and that the evaluation protocols set forth in this article are in place and shall be paid for by the applicant; and
C. Any decision by the SPGA to deny an application for a special permit under this article shall be in conformance with Sec. 332 (47 U.S.C. ~ 332) (7)(b)(iii) of the Act, in that it shall be in writing and supported by substantial evidence contained in a written record.
~ 171-131. Evaluation of compliance; inspection.
A. Evaluation of existing conditions. After the granting of a special permit and before the applicant's personal wireless service facilities begin transmission, the applicant shall provide, or may pay for an independent consultant, hired by the Town, to provide an evaluation of the existing radio frequency radiation at and around the proposed facility site and/or any repeater locations to be utilized for applicant's personal wireless service facility, by using OET Bulletin 65 protocols. A report of the evaluation shall be prepared and submitted to the Board of Selectmen, the Planning Board, the Board of Health, the Town Engineer, the Building Inspector and the Town Clerk.
B. Ongoing evaluation of conditions. After transmission begins, the owner(s) of any personal wireless service facility(s) located on any facility site shall provide, or may pay for an independent consultant, hired by the Town, to provide ongoing assessment and evaluation of the EMF radiation emitted from said site, and to report results of said evaluation, as follows:
(1) There shall be routine annual assessment of RF emissions by the applicant or by an independent consultant using either actual field measurement of radiation, or by utilizing the OET Bulletin 65 protocol. This assessment shall evaluate levels of RF emissions from the personal wireless service facility site's primary antennas as well as from repeaters (if any). A report of the monitoring results shall be prepared by the independent consultant and submitted to the Board of Selectmen, the Planning Board, the Board of Health, the Town Engineer, the Building inspector and the Town Clerk.
(2) Any major modification of existing personal wireless service facility, or the activation of any additional permitted channels, shall require new evaluation.
C. Excessive emissions. Should the evaluation of a personal wireless service facility site reveal that the site exceeds the levels allowed under OET Bulletin 65, then the owner(s) of all facilities utilizing that site shall be so notified. The owner(s) shall submit to the SPGA and the Building Inspector a plan for reduction of emissions to a level that complies with OET Bulletin 65 within 10 business days of notification of noncompliance. That plan shall reduce emissions to the standard within 15 days of initial notification of noncompliance. Failure to accomplish this reduction of emission within 15 business days of initial notification of noncompliance shall be a violation of the special permit and subject to penalties and fines as specified in Article XII, ~ 171-65 of this chapter. Such
fines shall be payable by the owner(s) of the facilities with antennas on the facility site, until compliance is achieved.
D. Structural inspection. Tower owner(s) shall provide inspection reports from a professional engineer assessing the structural integrity and safety of the tower(s) at intervals of three years from initial certificate of occupancy for guyed towers and five years for monopoles and nonguyed lattice towers. The inspection report shall be submitted to the Board of Selectmen, the Town Engineer, the Building Inspector, and the Town Clerk. Any major modification of an existing facility which includes changes to tower dimensions may require new structural inspection.
E. Unsafe structure. Should the inspection of any tower reveal any structural defect(s) which render(s) that tower unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) of the tower shall submit a plan to remediate the structural defect(s). This plan shall be initiated within 10 days of the submission of the remediation plan, and completed as soon as reasonably possible. Failure to accomplish this remediation of structural defect(s) within 10 business days of initial notification shall be a violation of the special permit and subject to penalties and fines as specified in Article XII, ~ 171-65 of this chapter. Such fines shall be payable by the owner(s) of the tower, until compliance is achieved.
~ 171-132. Removal requirements.
Any personal wireless service facility which ceases to operate for a period of one year shall be removed. "Cease to operate" is defined as not performing the normal functions associated with the personal wireless service facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the personal wireless facility site shall be remediated such that all personal wireless service facility improvements which have ceased to operate are removed. If all personal wireless service facilities on a tower have ceased to operate, the tower shall also be removed, and the site shall be revegetated. Existing trees shall only be removed if necessary to complete the required removal. The applicant shall, as a condition of the special permit, provide a financial surety, or other form of financial
guarantee payable to the Town of Great Barrington and acceptable to the SPGA, to cover the cost of removal of the personal wireless service tower or personal wireless service facility and the remediation of the landscape, should the personal wireless service tower or personal wireless service facility cease to operate.
~ 171-133. Fees and insurance.
A. Each personal wireless tower or structure or personal wireless service facility shall be insured by the owner(s) against damage to persons or property. The owner(s) shall provide a certificate of insurance to the Selectmen's office on an annual basis.
B. A schedule of fees for towers and personal wireless service facilities permitting and renewal, any monitoring of emissions and inspection of structures, and any other fees shall be established by the SPGA as provided for in Article X, ~ 171-40B of this chapter. This schedule may be amended from time to time.
~ 171-134. Severability clause.
The invalidity of any section or provision of this article shall not invalidate any other section or provision thereof.
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