10/05/1998 Annual Town Meeting - Laserfiche WebLink

Home Browse Search

"174-45.2. Personal Wireless Service Facilities. A. Purpose and intent. For the purpose of minimizing the visual and environmental impacts, as well as any potential deleterious impact on property values, of personal wireless service facilities, no personal wireless service facility shall be placed, constructed or modified within the town except in conformance with the requirements of this section, in conjunction with other regulations adopted by the Town, including historic district regulations, design review and other bylaws and regulations designed to encourage appropriate land use, environmental protection, and provision of adequate infrastructure development. The regulation of personal wireless service facilities is consistent with the purposes of the Mashpee zoning bylaw and the planning efforts of the town through its comprehensive plan, including those intended to further the conservation and preservation of developed, natural and undeveloped areas, wildlife, flora and habitats for endangered species, the preservation of coastal resources, protection of natural resources, balanced economic growth, the provision of adequate capital facilities, the coordination of the provision of adequate capital facilities with the achievement of other goals and the preservation of historical, cultural, archaeological, architectural and recreational values. In accordance with the requirements of 47 U.S.C. s332(c)(7)(B), and until these requirements are modified, amended or repealed, in regulating the placement, construction and modification of personal wireless service facilities, the administration of this bylaw shall not be undertaken in a manner which unreasonably discriminates among providers of functionally equivalent services or prohibits, or has the effect of prohibiting, the provision of personal wireless services. Any decision to deny a request to place, construct or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. Furthermore, this bylaw may not 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 Federal Communications Commission's regulations concerning such emissions. B. Definitions. In addition to the definitions contained in Section 174-3, the following shall apply to Personal Wireless Service Facilities: ABOVE GROUND LEVEL (AGL) - A measurement of height from the natural grade of a site to the highest point of a structure. ANTENNA - The surface from which wireless radio signals are sent and received by a personal wireless service facility. Page 43 of 63