§ 17.16.110. Towers and telecommunications facilities.

A.

Definitions.

The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1.

"Antenna" means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television or personal wireless services. For the purpose of this ordinance the term "antenna" does not include any tower and antenna under seventy feet in total height which is owned and operated by amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service or any cable television headend or hub towers and antennae used solely for cable television services.

2.

"Antenna support structure" means any building or structure other than a tower which can be used for location of telecommunications facilities.

3.

"Applicant" means any person that applies for a tower or telecommunications facilities development permit.

4.

"Application" means the process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify or erect a tower or telecommunications facility upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the city concerning such a request.

5.

"Inspector" means the building inspector for the city of Revere.

6.

"Engineer" means any engineer licensed by the Commonwealth of Massachusetts.

7.

"Macro telecommunications facilities" are those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roof line, parapet or top of the structure.

8.

"Micro telecommunications facilities" are those located on existing buildings, poles or other support structures where antennae do not project more than three feet above the top of the structure and there are no more than six antennae per site.

9.

"Monopole tower" means any telecommunications tower consisting of a single pole, constructed with guy wires or ground anchors.

10.

"Owner" means any person with fee title or a long-term (exceeding ten years) leasehold to any parcel of land within the city who desires to develop or construct, build, modify or erect a tower or telecommunications facility upon such parcel of land.

11.

"Person" means any natural person, firm, partnership, association, corporation, company, other legal entity, private or public, whether for profit or not for profit.

12.

"Telecommunications facilities" refers to antennae and towers, either individually or together.

13.

"Tower" means a structure, such as a lattice tower, guy tower or monopole towers, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.

B.

Exclusions. The following shall be exempt from this section:

1.

Any tower and antenna under seventy feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;

2.

Any device designed for over-the-air reception of television broadcast signals, multichannel, multipoint distribution service or direct broadcast satellite service;

3.

Any telecommunication facilities located on property owned, leased or otherwise controlled by the city of Revere provided a license or lease authorizing the telecommunications facilities has been approved by the city of Revere; and

4.

Any cable television headend or hub towers and antennae used solely for cable television services.

C.

Development of Towers or Telecommunications Facilities.

1.

A tower or telecommunications facility shall be allowed by special permit authorized by the Revere city council in zoning districts designated in Section 17.12.010 of the Revised Ordinances of the city of Revere as HB, TED, LI and IP. Towers and telecommunications facilities designed and intended to accommodate at least one user are allowed by special permit authorized by the Revere city council up to a height of fifty feet following design review approval. Towers and telecommunications facilities designed and intended to accommodate at least two users are allowed by special permit authorized by the Revere city council up to a height of seventy feet in zoning districts designated TED, LI and IP following design review approval. Towers and telecommunications facilities designed and intended to accommodate at least three users are allowed by special permit authorized by the Revere city council up to a height of ninety feet in zoning districts designed TED and LI following design review approval.

2.

In the CB, NB, GB business districts, micro and macro telecommunications facilities shall be allowed by special permit authorized by the Revere city council following design review approval. Monopole towers up to a height of forty feet are permitted by special permit authorized by the Revere city council following design review approval. Monopole towers up to a height of seventy feet designed and intended to accommodate at least two users are permitted by special permit authorized by the Revere city council following design review approval.

3.

In RC, RC1, RC2 and RC3 zoning districts micro and macro telecommunications facilities shall be allowed by special permit authorized by the Revere city council following design review approval.

4.

In RA, RA1, RB, and RB1 zoning districts, micro telecommunications facilities shall be allowed by special permit authorized by the Revere city council on nonresidential structures following design review approval.

5.

Telecommunication facilities outside the foregoing guidelines may only be built after approval of a variance by the city of Revere zoning board of appeals.

D.

Preferred and Disfavored Location Sites.

1.

Preferred Location Sites.

a.

Co-Location Sites. Any existing telecommunications towers legally approved by the city of Revere city council currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting components of this ordinance and co-location sites shall not become an "antenna farm" or otherwise deemed by the Revere city council to be visually obtrusive.

b.

Publicly Used Structures. Publicly used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include, but are not limited to, facilities such as police and fire stations, libraries, community centers, civic centers, utility structures, elevated roadways, bridges, flag poles, schools, hospitals, light poles and churches.

c.

Industrial and Commercial Structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations shall be preferred locations particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunication facility.

d.

Mixed Use Buildings in High Density Districts. Mixed use buildings (housing above commercial or other non-residential space) are also preferred location sites.

2.

Disfavored Location Sites. Any single-family residential structure or site or multi-family duplex shall be a disfavored site for the location of telecommunications facilities.

E.

Requirements for Telecommunications Facilities.

1.

General Requirements for All Telecommunications Facilities. The requirements set forth in this section shall govern the locations and construction of all telecommunications faculties governed by this section.

a.

Building Code and Safety Standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local and state building codes and applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in the Commonwealth of Massachusetts. The results of such inspection shall be provided to the inspector.

b.

Regulatory Compliance.

i.

All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, the owners of the telecommunications facilities governed by this section shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.

ii.

Owners of telecommunications facilities shall provide documentation showing that each telecommunication facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every twelve months.

c.

Security. All telecommunication facilities shall be equipped with an appropriate anti-climbing device or similar protective device to prevent unauthorized access to the telecommunications facility.

d.

Lighting. No illumination is permitted on telecommunication facilities unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. if lighting is required or necessary, the inspector may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

e.

Advertising. No advertising is permitted on telecommunication facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign so long as the other requirements of this ordinance are met.

f.

Visual Impact.

i.

Telecommunication facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, may be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.

ii.

If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.

iii.

Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.

iv.

Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the Revere city council or by any state or federal law or agency.

v.

Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

g.

Landscaping.

i.

Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property.

ii.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

iii.

The inspector may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries, and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the inspector.

h.

Maintenance Impacts. Equipment such as a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a local street, access for maintenance vehicles shall be exclusively by means of the local street.

i.

Principal, Accessory and Joint Uses.

i.

Accessory structures used in a direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

ii.

Telecommunications facilities may be located on sites containing another principal use in the same buildable area.

j.

Lot size and setbacks.

i.

The following setback requirements shall apply to all telecommunication facilities, provided however, that the city council may reduce the standard setback requirements of this section if the goals of this section would be better served thereby.

a.

Telecommunications towers must be set back a distance equal to the height of the tower from any off-site residential structure.

b.

Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.

c.

Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on site, based on the engineer's analysis required in subsections (E) and (F) of this section.

ii.

For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback (example ten foot high antenna and supporting structure requires ten foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

2.

Additional Requirements for Towers.

a.

Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.

b.

Existing onsite vegetation shall be preserved or improved, and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the extent practical.

c.

At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and building environment.

d.

Towers shall not be located any closer than one thousand five hundred feet from an existing tower unless technologically requires or visually preferable.

e.

When a tower is adjacent to a residential use, unit must be set back from the nearest residential lot line at least equal to its total height.

f.

In no case shall a tower be located in the required front yard, back yard or side yard in a residential district.

g.

Towers shall not be sited where they will negatively affect the historic or scenic view corridors as designated by the Revere city council, or any state or federal agency or where they will create visual clutter.

h.

Towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with appropriate anti-climbing device or other similar protective device designed to prevent tower access.

i.

Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscaping requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.

F.

Application Procedures.

1.

General Application Requirements for All Building and Special Use Permits. Application for a building permit shall be made to the inspector and special use permits for any telecommunication facility shall be made to the city council via the city clerk by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The following information shall be submitted when applying for any building permit, special use permit or other permit or variance included in this ordinance and must be submitted for an application to be complete.

a.

Basic Information.

i.

Site plan or plans to scale specifying the location of the telecommunications facilities, transmission building and/or accessory uses, access, parking, fences, landscaped areas and adjacent land uses;

ii.

Landscape plan to scale indicating size, spacing, and type of plantings required under subsection (E)(1)(g) of this section;

iii.

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and sites of historic significance, streetscapes or scenic view corridors;

iv.

A description of anticipated maintenance needs for telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance;

v.

Reports from a qualified, independent engineer licensed in the Commonwealth of Massachusetts:

a.

Telecommunications facility height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design;

b.

Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated;

c.

Evidence of structural integrity of the tower structure;

d.

Written, technical evidence that the proposed tower or telecommunications facilities cannot be installed or collocated on another tower and/or antenna located within one-half mile radius of the proposed telecommunication site because of the coverage requirements of the applicant's wireless communications system;

e.

A written statement that the construction and placement of the telecommunication facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent residential and nonresidential properties;

f.

Written, technical evidence acceptable to the fire chief and the inspector that the proposed site does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals;

g.

Structural failure characteristics of the telecommunications facility and demonstration that size and setbacks are of adequate size to contain debris.

vi.

A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity;

vii.

Information showing the proposed facility would provide the needed coverage or capacity;

viii.

The identity of the community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable;

ix.

Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network;

x.

Designation of which location preference, identified in subsection (D) of this section, above, the proposed facility is meeting. If the proposed location is not a preferred location (a) through (d) or is a disfavored site, describe: (a) what publicly-used building, colocation site or other preferred location sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a map at 1:200 scale of all buildings within the service area; (b) what good faith efforts and measures were taken to secure each of these preferred location sites; (c) why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and (d) how and why the proposed site is essential to meet service demands for the geographic service area and citywide network;

xi.

Color photo simulations showing the proposed site with a photo-realistic representation of the proposed tower and/or antenna viewed from the nearest residential property and from adjacent roadways.

b.

Five Year Plan and Site Inventory. Each application shall include a five-year facilities plan and site inventory including the following:

i.

A list of all existing, to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site:

a.

Street address;

b.

Assessors block and lot or other applicable ad valorem tax identification number;

c.

Zoning district;

d.

Type of building (commercial, residential, mixed use) and number of stories;

e.

The number of antennas and base transceiver stations per site and the location and type of antenna installations (stand alone, rooftop, building façade etc.) and location of the base transceiver station installation(s);

f.

The height from grade to the top of the antenna installation; and

g.

The radio frequency range in megahertz, the wattage output of the equipment and the effective radiated power.

ii.

If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the assessor's blocks contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.

c.

Additional Information Requirements for Towers.

i.

If the proposed site is zoned RA, RA1, RB, RB1, RC, RC1, RC2 or RC3 and there are alternative sites in zoning districts NB, GB, GB1, CB, HB, TED, LI, IP or PDD1 or PDD2, the applicants must justify why those alternative sites have not been proposed. The city council will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The city council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

ii.

Applicants must identify all existing towers and all towers for which there are applications currently on file with the city council and the inspector. Applicants must provide evidence of the lack of space of all suitable existing towers to locate the proposed antenna and the lack of space on existing tower sites to construct a tower for the proposed antenna. If colocation on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such colocation is not being proposed. If colocation on any tower would increase negative visual impact, then the applicant must so state and demonstrate. The city council will review with special care justifications that appeal only to undue expense and/or undue expense and/or undue difficulties in entering into a lease agreement. The city council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.

iii.

In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunication tower.

iv.

The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennae. The applicant shall provide a drawing for each tower showing existing and proposed antennae locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The city council shall approve those limitations if they cannot be overcome by reasonable technical means.

v.

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.

d.

The applicant must provide any information which may be requested by the city council to fully evaluate and review the application and the potential impact of a proposed telecommunication facility.

2.

Special Use Permits.

a.

A request for a special use permit shall be initiated by application to the city clerk and handled in accordance with Section 17.48.070 of the city of Revere revised ordinance. The Revere city council may issue a special use permit under this section provided it shall have determined that all of the requirements of subsections (E) and (F) of this section have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.

b.

In granting a special use permit, the Revere city council may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on the surrounding properties.

G.

Co-location.

Applicant and owner shall allow other future wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to colocate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co-location. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.

H.

Nuisances.

Telecommunications facilities, including, without limitation, power source, ventilations and cooling, shall be operated at all times within the city of Revere noise ordinance, shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.

I.

Removal of Antennae and Towers.

All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the inspector any such telecommunication facility is determined not to comply with the code standards or to constitute a danger to persons or property, the building commissioner may utilize the remedies available under Massachusetts General Laws Chapter 143, §§6-14. Moreover, the Revere city council may utilize the remedies available under Massachusetts General Laws Chapter 139, §§ 1-3B should it determine that a tower constitutes a "burnt, dilapidated or dangerous ... structure." Delay by the city council or the Inspector in taking such action shall not in any way waive the city's right to take action. The city may also pursue all legal remedies available to it to insure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed.

J.

Abandoned Towers.

1.

Any telecommunications facility that is not operated for a continuous period of twelve months shall be considered abandoned, whether or not the owner of operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner or the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within sixty days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to insure that the abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

2.

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this ordinance as if such tower or antenna were a new tower or antenna.

K.

Pre-existing Towers/Nonconforming Uses.

1.

All telecommunications facilities operative on the effective date of this ordinance which were legally permitted by the Revere city council shall be allowed to continue their present usage as a non-conforming use and shall be allowed to continue their present usage in accordance with Section 17.40.010 of the city of Revere revised ordinance. Routine maintenance, including placement with a new tower or antenna of like construction and height, shall be permitted on such existing facilities. New construction other than routine maintenance shall comply with the requirements of this section.

2.

A telecommunications facility that has received city approval as of the effective date of this ordinance in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.

3.

Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.

L.

Coordination with Federal Law.

Whenever the Revere city council finds that the application of this ordinance would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, a conditional use permit waiving any or all of the provisions of this ordinance may be granted.

(C.O.00-165 § 3A; C.O. 97-105 § 10; C.O. 89-33A; C.O. 85-4A § 36 (part); C.O. 83-3 § 17-5(J))