4G/5G RF Microwave Radiation, Smoking, Drugs & the Environment — Feb 10, 2023
Nina Anderson on WSBS 860 AM / 94.1 FM Radio — Mar 9, 2023
Town of Sheffield, MA Wireless Code
Section 7.0 Special Regulations
7.1 Personal Wireless Service Facilities, Repeaters and Towers
- Link to 7.1.1 Purposes
- Link to 7.1.2 Consistency with Federal Law
- Link to 7.1.3 Definitions
- Link to 7.1.4 Exempted Wireless Telecommunications Uses
- Link to 7.1.5 Independent Consultants
- Link to 7.1.6 Prohibition of Teleports
- Link to 7.1.7 Access
- Link to 7.1.8 Special Permits
- Link to 7.1.9 General Requirements for F/TSP(S)
- Link to 7.1.10 Approval Criteria
- Link to 7.1.11 Monitoring and Evaluation of Compliance
- Link to 7.1.12 Removal Requirements
- Link to 7.1.13 Bonds and Insurance
- Link to 7.1.14 Fees
- Link to 7.1.15 Transfers
- Please pay attention to the added highlights applied to the existing text.
- Suggested [ additions ]
Wire America: Comments are in green boxes.
- To preserve the character, appearance and property values of the town while simultaneously allowing adequate personal wireless services to be developed.
- To protect the scenic, historic, environmental and natural or man-made resources of the community.
- To provide standards and requirements for regulation, placement, design, construction, operation, maintenance, monitoring, modification and removal of personal wireless service Facilities, repeaters and towers.
- To 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, repeaters and towers.
- To locate and configure personal wireless service facilities, repeaters and towers to minimize and mitigate negative impacts, such as, but not limited to, adverse visual impact, attractive nuisance, noise and falling objects, on the general safety, welfare and quality of life of the community.
- To the extent feasible and desirable, require the clustering, sharing and camouflaging of personal wireless service facilities, repeaters and towers.
7.1.2. Consistency with Federal Law
This Section is intended to be consistent with The Telecommunications Act of 1996 in that it does not:
- (a) prohibit or have the effect of prohibiting the provision of personal wireless services;
- (b) intend to be used to unreasonably discriminate among providers of functionally equivalent personal wireless services; and
- (c) regulate [ the placement, construction and modification of ] personal wireless service
s[ facilities ] on the basis of the environmental effects of radio frequency emissions to the extent that the regulated services andfacilities comply with the FCC’s regulations concerning such emissions.
Wire America: § 7.1.2 (c) is an unnecessary mash up of services and facilities. The code should be strictly consistent with the 1996 Telecommunications Act (“Act”), which says:
“No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”
As used in this Section, the following terms shall have the meanings indicated:
- Act: The Telecommunications Act of 1996.
- Adequate coverage: Coverage is considered to be “adequate” within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal for at least 75% of the covered area is greater than -95 dBm. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than 95 dBm, as long as the signal regains its strength to greater than -95 dBm farther away from the base station. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain strength of greater than -95 dBm.
Wire America: Adequate coverage is a disadvantageous and unnecessary Wireless Industry definition; there are much better ideas here → https://wireamerica.org/wtf-report-card/
Conveniently, in this local code, there are no statements of any limits to signal strength power levels in areas accessible to people, which are required by the Act:
47 U.S. Code § 324 – Use of Minimum Power:
“In all circumstances . . . all radio stations. . . shall use the minimum amount of power necessary to carry out the communication desired.”
- Adequate capacity: Capacity is considered to be “adequate” if the Grade of Service is p.05 or better for a worst case day in a preceding month, based on the Erland B Tables, prior to the date of application; or as measured using direct traffic measurement of the personal wireless service Facility in question for existing Facilities requesting major modification, and where the call blocking is due to frequency contention at the antenna(s)**.
Wire America: Adequate capacity is a disadvantageous and unnecessary Wireless Industry definition; there are no capacity requirements in the Act. What is an Erland B Table? Did they mean an Erlang B Traffic Table like this one? Erlang is a programming language used for legacy copper landline telephone switched service. Erlang is used interchangeably with Erlang/OTP, or Open Telecom Platform (OTP), the Erlang runtime system is designed for systems with these traits:
- Highly available, non-stop applications
- Hot swapping, where code can be changed without stopping a system
- Antenna: A device that is attached to a tower, or other structure, for transmitting and receiving electromagnetic waves.
- Available space: The space on a tower or other structure to which antenna(s) of a personal wireless service provider are both structurally able and electromagnetically able to be attached.
- Base station: A primary sending and receiving site in a wireless telecommunications network.
- Channel: The segment of the radiation spectrum from an antenna that carries one signal. An antenna may radiate on many channels simultaneously.
Wire America: This is likely an outdated definition of a channel. It is based on signal, which is not defined in this code. That is a real problem.
- [ Tele ]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 antenna(s) will not significantly interfere with the existing signals from and to other Facilities located on the same tower or structure as determined by the Special Permit Granting Authority after consultation with a qualified professional telecommunications engineer. The use of available technologies to alleviate such interference shall be considered when making this determination.
Wire America: This is a large loophole, driven by a pro-wireless industry expert/consultant. This is a real problem and should be eliminated.
- EMF –
Electromagnetic Frequency RadiationElectroMagnetic Fields
Wire America: This definition is simply wrong; it is corrected above.
- Facility site: The location owned, leased
or otherwise usedby one or more personal wireless service providers and upon which one or more personal wireless service Facility(ies) and required landscaping are located.
Wire America: This definition is much too broad.
- Facility/Tower Special Permit (F/TSP) – The Special Permit required in order to install any tower or personal wireless service facility or for any major modification of an existing facility.
- FCC – U. S. Federal Communications Commission.
- FCC 96-326 – A Report and Order that sets national standards for emissions of Radio Frequency emissions from FCC-regulated transmitters. This Report and Order is now contained within Title 47 Regulations, Section 1, §1.1307.
Wire America: Title 47 CFR §1.1307, which is part of the National Environmental Policy Act (NEPA) regulations, is what matters. Why is this local code referencing an out of date order FCC 96-326? Completely relevant to Title 47 CFR §1.1307 is the Aug 13, 2021 DC. Cir ruling in Case No. 20-1025: Envtl. Health Tr. v. Fed. Communications Comm’n, 9 F.4th 893 (D.C. Cir. 2021), in which the judges mandated that the FCC complete full environmental review to address the impacts of RF radiation on the environment:
The DC Circuit judges wrote:
“. . . we grant the petitions in part and remand to the Commission to provide a reasoned explanation for its determination that its guidelines adequately protect against harmful effects of exposure to radio-frequency [microwave] radiation. It must, in particular,
(i) provide a reasoned explanation for its decision to retain its testing procedures for determining whether cell phones and other portable electronic devices comply with its guidelines,
(ii) address the impacts of RF radiation on children, the health implications of long-term exposure to RF radiation, the ubiquity of wireless devices, and other technological developments that have occurred since the Commission last updated its guidelines, and
(iii) address the impacts of RF radiation on the environment.”
- Grade of Service: A measure of the percentage of calls that is able to connect to the base station during the busiest hour of the day. Grade of Service is expressed as a number, such as p.05 – which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better Grade of Service.
Wire America: A much better requirement is to require actual dropped call records from any provider of personal wireless service in order to substantiate if a significant gap in telecommunications coverage exists in the target search ring of any proposed Wireless Telecommunications Facilitity (WTF)
- Major modification of an existing Facility: Any change, or proposed change, in power input or output, number of antennas, change in antenna type or model, repositioning of antenna(s), or change in number of channels per antenna above the maximum number approved under an existing Special Permit. Also any change, or proposed change, in the dimensions of an existing and permitted tower or other structure designed to support personal wireless service transmission, receiving and/or relaying antennas and/or equipment or any other change, or proposed change, in any such tower or structure or in any personal wireless service facility installed thereon that would have an impact on the interests specified in Section 12.1 of these By-laws as determined by the Special Permit Granting Authority.
- Major modification of an existing repeater: Any removal of or change in location of or any increase in the dimensions of any repeater for which a Special Permit has been received.
- Monitor/monitoring: 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.
- Monitoring protocol: A testing protocol, as adopted by the Special Permit Granting Authority, to be used to monitor the emissions from existing and new personal wireless service Facilities, repeaters and towers upon adoption of this Section. As technology changes, the Special Permit Granting Authority may adopt a new monitoring protocol. A copy of the monitoring protocol shall be on file with the Special Permit Granting Authority and the Town Clerk. Monopole: A single vertical pole with below grade foundations.
- Personal wireless services(s): Commercial mobile services, unlicensed wireless services, common carrier wireless exchange access services and any future technologies that expand and/or are extensions of the delivery of communication services. These services include, but are not limited to: cellular services, personal communications services (PCS), specialized mobile radio services, and paging services.
- Personal Wireless Service Facility (Facility): All equipment (excluding 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. A Facility may be sited on one or more towers or structure(s) owned, leased or otherwise used and permitted by another owner or entity.
- Personal Wireless Service Provider (Provider): An entity, licensed by the FCC, to provide personal wireless services to individuals or organizations.
- Radial plots or radiation propagation studies:
Computer generated estimates of the radiation emanating from antenna(s) or repeater(s) sited on a specific tower or structure. The height above mean sea level, 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 tools for determining whether a Facility site will provide adequate coverage for the personal wireless service Facility proposed for that site.
Wire America: Radial plots or radiation propagation studies are not substantial written evidence and cannot be relied upon in any way.
A small receiver/relay transmitter of not more than 20 watts output designed to provide service to areas that are not able to receive adequate coverage directly from a base station.
- Repeater site:
The location leased or otherwise used by one or more Providers and upon which one or more repeater(s) and required camouflage or screening are located.
- Repeater Special Permit (RSP):
The Special Permit required in order to install any repeater, or for major modification of an existing repeater, within the town.
Wire America: The FCC has not established any class of wireless facility known as “repeater” or “small wireless facility”. In fact, the FCC has admitted that, legally, they must treat every Wireless Telecommunications Facility (WTF) of any size or any “G” as identical because the FCC, in Aug 2019, lost Case No. 18-1129: United Keetoowah Band of Cherokee Indians v. Fed. Commc’ns Comm’n, 933 F.3d 728 (D.C. Cir. 2019):
Oct 19, 2020 comment by Ms. Garnet Hanly, Division Chief of the Competition & Infrastructure Policy Division, FCC Wireless Telecommunications Bureau:
“The FCC when it modified its rules [Title 47, C.F.R. § 1.1312(e) by its October 2019 Order that became effective on Dec 5, 2019], after the DC Circuit issued its mandate [in its Ruling of Case No. 18-1129 Keetoowah v FCC] we [the FCC] took the position that we were reviewing Small Wireless Facilities as [Federal] undertakings and major Federal actions, pursuant to the DC Circuit decision and that is what we’ve been doing.”
- Special Permit Granting Authority: The Planning Board shall be the Special Permit Granting Authority for this Section.
- Structurally able: The determination that a tower or structure is capable of carrying the load imposed by new antenna(s) under all reasonably predictable conditions as determined by a structural engineering analysis as required by this Section.
Wire America: all construction, electrical and electromagnetic details must be reviewed, approved, signed and stamped by a professional engineer.
- Teleport: A multi-user commercial Facility utilizing satellite dishes of greater than 2.0 meters in diameter designed to uplink to communications satellites for transmission of data.
- Tower: A lattice, framework, monopole or other structure that is designed to support personal wireless service transmission, receiving and/or relaying antenna(s) and/or other equipment.
Wire America: The code needs a definition for Wireless Telecommunications Facility(WTF).
7.1.4. Exempted Wireless Telecommunications Uses
This Section specifically exempts the following wireless telecommunications facilities: police, fire, ambulance and other emergency dispatch and citizens band radio. Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the FCC are exempt provided that: (1) the tower is not used or licensed for any commercial purpose; and (2) the tower shall be removed upon loss or termination of said FCC license. No Facility or repeater shall be considered exempt from this Section for any reason whether or not said Facility or repeater is proposed to share a tower or other structure with such exempt uses.
7.1.5. Independent Consultants
The Special Permit Granting Authority may hire such independent consultants (herein called “Independent Consultants”), as it may reasonably deem necessary to assist it in performing its duties hereunder. Independent Consultants shall each be qualified professionals with expertise in one or more of the following fields: a) telecommunications engineering, b) structural engineering, c) monitoring of electromagnetic fields, d) land surveying and, e) if determined necessary by the Special Permit Granting Authority, other relevant fields of expertise as determined by the Special Permit Granting Authority. All expenses incurred by the Special Permit Granting Authority for services of Independent Consultants in connection with an application hereunder shall be deemed part of the application fees, and the Special Permit Granting Authority may, in its discretion, require that the applicant pay additional funds reasonably required for cost incurred or in anticipation of costs to be incurred by the Special Permit Granting Authority.
7.1.6. Prohibition of Teleports
There shall be no teleport(s) within the town.
Access shall be provided to the tower or Facility or repeater site by a roadway which respects the natural terrain and is approved by the Special Permit Granting Authority after consultations with the Chiefs of all emergency services in the town to assure emergency access. Consideration shall be given to a design that minimizes erosion, construction on unstable soils and on steep slopes.
7.1.8. Special Permits
No Facility, repeater or tower shall be erected, constructed, or installed or undergo major modification without first obtaining a Special Permit from the Special Permit Granting Authority.
- Types of Special Permits. The following types of Special Permits are required:
- For Facilities or towers, a Facilities/Tower Special Permit (F/TSP) is required.
- For all repeaters proposed for installation, a Repeater Special Permit (RSP) is required. A RSP may be applied for by an Applicant who is currently applying for a F/TSP under this Section, or by an Applicant who has previously received a F/TSP under this Section or by an entity that is providing personal wireless services to the town from a base station outside the town.
- For the initial installation or subsequent co-location of a personal wireless service Facility on an existing tower.
- Application Requirements. The applicant shall follow all Special Permit requirements contained in Section 9.4. In addition, the applicant shall meet additional application requirements in accordance with the Rules and Regulations of the Planning Board.
7.1.9. General Requirements for F/TSP(S)
- Personal wireless service Facilities, repeaters and towers shall minimize and mitigate, to the extent feasible, adverse visual impacts and other adverse impacts on the interests specified in Section 7.1.1 of these By-laws.
- There shall be no clearing at a distance in excess of 25 feet in radius from the base of the tower except where the access roadway is located.
- The area around a tower and communication equipment shelter(s) shall be completely fenced and gated for security to a height of 6 feet. Use of razor wire is not permitted.
- The following signs shall be posted: A sign no greater than 2 square feet indicating the name of the personal wireless service Facility’s owner(s) and a 24 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. All signs shall otherwise conform to the sign requirements of Section 6.2 of these By-laws. No other signs shall be permitted.
- Communication equipment shelters and accessory buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 10 feet high. The buildings shall be used only for the housing of equipment related to the particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building.
- New towers shall not exceed the minimum height necessary to provide adequate coverage for the telecommunications facilities proposed for use on the tower. If required by the Special Permit Granting Authority, Independent Consultant(s) will verify adequate coverage and justify tower height. In no event shall a tower exceed 150 feet measured from the grade at the base of the tower before construction to its highest point.
- The Special Permit Granting Authority shall have the right to determine the type of construction of a tower (either monopole or lattice, guyed or unguyed), as well as the type, configuration, size and color of camouflage, painting, finish, lighting and screening (including types of trees and shrubs used in screening). The Special Permit Granting Authority may require a tower to resemble or mimic a native coniferous species of tree to minimize its adverse visual impact.
- All network interconnections to and from the telecommunications site and all power to the site shall be installed underground. At the initial construction of the access road to the site, if and to the extent required by the Special Permit Granting Authority, sufficient conduit shall be laid to accommodate the maximum possible number of Providers licensed to provide services in the town.
- If primary coverage (greater than 50%) from a proposed personal wireless service Facility/tower is outside the town, then the permit may be denied.
- No night lighting of a tower or Facility is permitted, except for manually operated emergency lights for use only when operating personnel are on site. If the Federal Aviation Administration requires that night lighting be installed on a tower the Special Permit Granting Authority may require that the tower be removed or reconfigured so that such requirement does not apply.
- No personal wireless service Facility or tower shall be located within any of the following prohibited areas:
- 1. Massachusetts or federally regulated wetland;
- 2 A Massachusetts Certified Vernal Pool;
- 3. The habitat of any State-listed Rare or Endangered Wildlife or Rare Plant Species;
- 4. Within 100 feet horizontally from any Massachusetts regulated wetland;
- 5. Within 200 feet horizontally of the Outer Riparian Zone of any river or perennial stream;
- 6. Within 500 feet horizontally from any Historic District or property listed or eligible to be listed on the state or federal Register of Historic Places;
- 7. Within 500 feet horizontally from any known archaeological site.
- No repeater shall be located closer than 50 feet to an existing dwelling unit, nor less than 25 feet above ground.
Wire America: There needs to be much stronger protections of residential zones, parks, schools, and care facilities.
7.1.10. Approval Criteria
- In acting on any application, the Special Permit Granting Authority shall proceed in accordance with the procedures and timelines established for Special Permits as provided in Section 9.4.
- In addition to the findings required in Section 9.4, the Special Permit Granting Authority shall, in consultation with Independent Consultant(s), make all of the applicable findings before granting the application, as follows:-
- 1. That Applicant is not already providing, and is not able to use any existing towers/Facility sites in or around the town either with or without reasonable adjustments and/or the use of repeaters to provide, adequate coverage and/or adequate capacity to the town and the facilities proposed in the application will provide, or will significantly enhance Applicant’s ability to provide, adequate coverage and/or adequate capacity to the town; and
- 2. That the proposed personal wireless service Facility/tower or repeater will not have an undue adverse impact on historic resources, scenic views, residential property values, natural or man-made resources or the other interests specified in Section 7.1.1; and
- 3. That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the proposed personal wireless service Facility/ tower; and
- 4. That the proposal shall comply with FCC 96-326 and any and all other applicable FCC regulations, regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant; and
- 5. That the proposal complies with the other requirements of these By-laws.
- The Special Permit Granting Authority may waive compliance with any of the requirements of this by-law if, in its judgment, such action would be in the public interest and would not have an undue adverse impact on the interests specified in Section 7.1.1.
Wire America: what needs to be added is substantial written evidence proving that a significant gap in telecommunications service exists in the target search ring of the proposed WTF.
7.1.11. Monitoring and Evaluation of Compliance
It shall be a condition of any application granted under this by-law that:
- After the granting of an application and before the personal wireless service Facilities begin transmission, an Independent Consultant shall monitor the background levels of EMF radiation, around the proposed Facility site and/or any repeater locations to be utilized for personal wireless service Facilities. The Independent Consultant shall use the monitoring protocol.
- Within 30 days after the date that Applicant’s personal wireless service Facility(s) or repeater(s) begin(s) transmission, an Independent Consultant shall monitor the levels of EMF radiation around the proposed Facility and/or repeater site(s). The Independent Consultant shall use the monitoring protocol.
- In order to determine ongoing compliance with FCC regulations, after transmission begins, the owner(s) of any personal wireless service Facility(s) or repeater(s) located on any Facility or repeater site shall pay for an Independent Consultant to conduct testing and monitoring of EMF radiation emitted from said site, and to report results of said monitoring, as follows:
- 1. There shall be routine annual monitoring of emissions by the Independent Consultant using actual field measurement of radiation, utilizing the monitoring protocol. This monitoring shall measure levels of EMF radiation from the Facility site’s primary antennas as well as from any repeater site(s).
- 2. Any major modification of an existing Facility, or the activation of any additional permitted channels, shall be cause for new monitoring in accordance with Sections 7.1.11.
- Excessive Emissions: Should the monitoring of a Facility or repeater site reveal that the site exceeds the FCC 96-326 standard, or any other applicable FCC standard, then the owner(s) and operator(s) of all Facilities utilizing that site shall be so notified. The owner(s) and operator(s) shall submit to the Special Permit Granting Authority and the Building Inspector a plan for the reduction of emissions to a level that complies with the FCC 96-326 standard and any and all other applicable FCC regulations within 10 business days of notification of non-compliance. That plan shall reduce emissions to the applicable FCC standard within 15 business 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 Section 9.1 of these by-laws. Such fines shall be payable by the owner(s) and operator(s) of the personal wireless service Facilities, repeaters and towers, until compliance is achieved.
- Structural Inspection: The Special Permit Granting Authority may cause an Independent Consultant (a licensed structural engineer) to inspect a tower’s structural integrity and safety once every 5 years and, in addition, after the apparent occurrence of damage to the tower or the completion of any major modification of an existing Facility which includes changes to the tower’s dimensions or antenna numbers or type. All Independent Consultant fees incurred in conducting structural inspections shall be at the expenses of the owner(s) of such personal wireless service Facility, repeater or tower as a condition of their application.
- Unsafe Structure: Should the inspection of any tower or structure reveal any structural defect(s) which, in the opinion of an Independent Consultant render(s) the tower or structure unsafe, the following actions must be taken. Within 10 business days of notification of unsafe structure, the owner(s) and operator(s) of the tower or structure shall submit to the Special Permit Granting Authority and the Building Inspector 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 as determined by the Special Permit Granting Authority. Failure to so accomplish this remediation of structural defect(s) shall be a violation of the Special Permit and subject to penalties and fines as specified in Section 9.1. Such fines shall be payable by the owner(s) and operator(s) of the tower or structure, until compliance is achieved.
- In order to enable the Special Permit Granting Authority and the Building Inspector to monitor compliance with the requirements of this by-law on an ongoing basis, each holder of a Special Permit shall provide such documents and information in connection with all personal wireless service Facilities, repeaters and/or towers that are the subject of such, the use and operation thereof and their compliance with the requirements of this by-law as the Special Permit Granting Authority may reasonably request from time to time.
Wire America: This section is focusing on the wrong metrics. We need dBm of any frequency not to exceed -85 dBm in outdoor areas accessible to human beings. Doing so will be compliant with Title 47 U.S. Code §324 Use of Mininum Power, cited above.
7.1.12. Removal Requirements
- Any personal wireless service facility, repeater or tower, which is not in operation for a period of one year, shall be removed by its owner(s) and operator(s). Operation is defined as performing the normal functions associated with the personal wireless service Facility, repeater or tower and its equipment on a continuous and ongoing basis.
- At such a time that a Provider or the owner of the tower plans to abandon or discontinue operation of a Facility, repeater or tower, it will notify the Special Permit Granting Authority by certified US mail of the proposed date of abandonment or discontinuation of operations. The Facility, repeater or tower shall be considered abandoned upon such discontinuance of operations.
- Upon abandonment or discontinuation of use, the Provider or the owner of the tower shall remove the personal wireless service Facility, repeater or tower within 90 days of the date of abandonment or discontinuation of use. Removal shall include, but not be limited to, disposal of waste materials from the site in accordance with local and state solid waste disposal requirements and restoring the site to its natural condition, except that any landscaping and grading improvements may remain.
- If a personal wireless service Facility, repeater or tower is not removed in accordance with this Section of these Bylaws.
7.1.13. Bonds and Insurance
- Applicant or the current permittee shall post and maintain in effect the following bonds at all times commencing with the construction or installation of a personal wireless service Facility, repeater or tower, each in an amount and on terms reasonably satisfactory to the Special Permit Granting Authority:
- 1. A Performance Bond covering the costs of remediation of the Facility site if damage or non-performance occurs during construction or installation;
- 2. A Removal and Restoration Bond to cover the costs of removal of the Facility site, repeater and tower, and remediation of the Facility site, should the tower, Facility and/or repeater cease to operate.
- 3. A Maintenance bond covering the costs of maintenance of the access road, tower and Facility site.
- No construction or installation of any personal wireless service Facility, repeater or tower shall be commenced, and none of the foregoing shall be put in operation, unless the Special Permit Granting Authority shall have received satisfactory evidence that insurance determined by the Special Permit Granting Authority to be adequate (as to coverage, amount and terms) has been obtained by all appropriate parties (including, without limitation, owners, operators, contractors and subcontractors) and is in effect. Such insurance shall cover liability, bodily injury and property damage, shall name the town as an additional insured and shall be maintained in effect for the entire period the tower, all Facilities installed thereon and repeaters used in connection therewith are in existence. Satisfactory certificates of insurance shall be filed with the Special Permit Granting Authority and the Town Clerk on an annual basis.
Wire America: These requirements are also insufficient.
- Upon submission of a signed Special Permit application, an application fee shall be submitted to the town as specified in the Rules and Regulations of the Planning Board.
- The applicant is responsible for the fees of independent consultants pursuant to Section 7.1.5.
Each holder of a Special Permit issued under these By-laws shall give not less than 30 days prior written notice to the Special Permit Granting Authority of each transfer by such holder of any ownership, leasehold or other interest (including any right of use but not any stock, limited partnership or other similar indirect interest) in any personal wireless service Facility, repeater or tower the subject of such Special Permit. Such notice shall specify the name and address of the transferee and describe the item(s) and the interest transferred. Each of the transferor and the transferee shall provide to the Special Permit Granting Authority such documents and information relating to the transferee and such item(s) and interest as the Special Permit Granting Authority may reasonably request. Effective at the time of such transfer, the transferee shall be bound by all of the obligations of the transferor, and be subject to all of the conditions to which the transferor is subject, under this by-law, such Special Permit and any documents executed by the transferor in connection with such Special Permit to the extent such obligations and conditions relate to the item(s) transferred. The transferee shall execute and deliver to the Special Permit Granting Authority such documents as the Special Permit Granting Authority may reasonably request confirming that it is bound by and subject to such obligations and conditions.