ZONING BYLAW - Town of Charlton
ZONING BYLAW - Town of Charlton
ZONING BYLAW - Town of Charlton
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earing and wind-resistant capacity <strong>of</strong> the existing or approved facility), and radio<br />
frequent engineering (i.e. height, coverage area etc.) perspectives; or there neither exists<br />
nor is there currently proposed any facility that could accommodate the proposed<br />
facilities from structural and radio frequent engineering perspectives. A report discussing<br />
this information, entitled New Wireless Communications Feasibility Study, is to be<br />
submitted to the Planning Board as part <strong>of</strong> any Special Permit submission as outlined in<br />
Section 5.10.7.4 below.<br />
5.10.5.6 The <strong>Town</strong> acting through its Planning Board may require the applicant to pay<br />
required fees for pr<strong>of</strong>essional peer review <strong>of</strong> the applicant’s proposal by a pr<strong>of</strong>essional or<br />
radio frequency engineer, attorney, or other qualified pr<strong>of</strong>essional(s).<br />
5.10.5.7 Co-existence with other uses - A Wireless Communications Facility may be<br />
located on the same lot by Special Permit with any other structures or uses lawfully in<br />
existence and/or lawfully undertaken pursuant to this By-Law.<br />
5.10.6 Design Requirements and Performance Standards:<br />
All Wireless Communications Facilities erected, installed and/or used shall comply with the<br />
following design requirements and performance standards:<br />
5.10.6.1 Shared use <strong>of</strong> Towers by commercial telecommunications carriers is required<br />
unless such shared use is shown by substantial evidence to not be feasible.<br />
5.10.6.2 It is presumed that the maximum allowed height <strong>of</strong> Towers is 150 feet, unless<br />
the applicant demonstrates that a greater height is essential to the proper functioning <strong>of</strong><br />
the wireless communications services or unless the Planning Board finds that co-location<br />
on said Tower is both practical and preferable. Stealth facilities must meet all<br />
dimensional restrictions for buildings and structures as required in the applicable sections<br />
<strong>of</strong> the <strong>Town</strong> <strong>of</strong> <strong>Charlton</strong> zoning By-law.<br />
5.10.6.3 In the event that the Planning Board finds that in order to conform to the intent<br />
and purpose <strong>of</strong> this by-law, co-location is preferable then, Towers shall be designed to<br />
accommodate the maximum number <strong>of</strong> presently interested users which is<br />
technologically practical. In addition, if the number <strong>of</strong> proposed users is less than four,<br />
the applicant shall provide a plan showing how the proposed Tower can be expanded to<br />
accommodate up to four users. In the event that the Planning Board finds that colocation<br />
is preferable, the applicant must agree to allow co-location pursuant to<br />
commercially reasonable terms to additional users.<br />
5.10.6.4 Towers shall be located a minimum <strong>of</strong> five-hundred (500) feet from an existing<br />
residential dwelling or proposed dwelling in a permitted submission. This distance may<br />
be reduced by the Planning Board if it finds that the visual and aesthetic impact(s) on a<br />
residential neighborhood or dwelling would not be significantly more detrimental by<br />
doing so.<br />
<strong>Charlton</strong> Zoning Bylaw, 09/2012 59