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§174-8.11 WCS Wireless Communication Service District.

A. PURPOSE. The purpose of this section is to establish a district in which wireless communications services may be provided while protecting, to the greatest extent possible, public health, safety and the general welfare. Specifically, the Wireless Communications Services District has been created to (a) protect the general public from hazards associated with wireless communications towers, and (b) minimize visual impacts from wireless communications towers on residential districts within Southborough. For the purposes of this section, "wireless communications services" shall mean the provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service. Such services, it is anticipated, will be provided via wireless communications towers, including antennas and accessory structures, if any.

B. LOCATION. The Wireless Communications Services District shall be located on all land owned by the Town of Southborough which is held in the care, custody, management and control of the Board of Selectmen, School Committee and Conservation Commission, and all land located in Highway Business Districts, Industrial Districts, and Industrial Park Districts. The Wireless Communications Services District shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

C. SUBMITTAL REQUIREMENTS. As part of any application for a permit, applicants shall submit, at a minimum, the information required for site plan approval, as set forth herein in § 174-10, as may be amended. Applicants shall also describe the capacity of the tower, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity, and any accessory structures.

D. USE RESTRICTIONS. A wireless communications tower (including antennas and accessory structures, (if any) may be erected in a Wireless Communications Services District upon the issuance of a special permit by the Board of Appeals pursuant to § 174-9, subject to site plan approval, as set forth herein at § 174-10, as may be amended, and subject to all of the following conditions:

1. To the extent feasible, all service providers shall co-locate on a single tower. Towers shall be designed to structurally accommodate the maximum number of foreseeable users (within a ten (10) year period) technically practicable.

2. New towers shall be considered only upon a finding by the Board of Appeals that existing or approved towers cannot accommodate the wireless communications equipment planned for the proposed tower.

3. In no event shall any such tower be located closer to two (2) miles to any other such tower.

4. Tower height shall not exceed Seventy Five (75) feet above the existing terrain.

5. A tower shall not be erected nearer to any property line than a distance equal to the vertical height of the tower (inclusive of any appurtenant devices), measured at the mean finished grade of the tower base.

6. To the extent feasible, all network interconnections from the communications site shall be via land lines.

7. Existing on-site vegetation shall be preserved to the maximum extent practicable.

8. The tower shall minimize, to the extent feasible, adverse visual effects on the environment. The Board of Appeals may impose reasonable conditions to ensure this result, including painting and lighting standards.

9. Traffic associated with the tower and accessory facilities and structures shall not adversely affect abutting ways.

10. Applicants proposing to erect wireless communications towers, accessory facilities and structures on municipally-owned land or structures shall provide evidence of contractual authorization from the Town of Southborough to conduct wireless communications services on municipally-owned property.

E. NON USE. All unused towers or parts thereof or accessory facilities and structures which have not been used for two (2) years shall be dismantled and removed at the owner's expense.

F. EXEMPTIONS. Towers used for the purposes set forth in M.G.L.c.40A, Section 3. are exempt from the provisions of this Section.