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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

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