The following minutes are available on-line as a service and are not the official record due to changes in formatting for the Internet. The official can be viewed during regular office hours, Monday - Friday: 8 a.m. to 5 p.m. in the Office of the Town Clerk, 260 Commercial St. Provincetown, MA 02657.

298 Provincetown Voters Attended

(Motion to Move The Question Carried)

(Motion to Move The Question Carried)

Article X Wireless Telecommunication Towers and Facilities

It is the Town’s intention to preserve and protect historic and scenic vistas as well as the environmental, natural or man-made resources of the community in order to safeguard the welfare of the residents and visitors to the community, and to protect the local economy and local property values. Provincetown (along with Nantucket) has been listed as #1 out of the top 10 Massachusetts towns with the greatest density of state-listed rare species (Our Irreplaceable Heritage by Massachusetts Natural Heritage and The Nature Conservancy, published Fall, 1998). Provincetown also has been an internationally recognized artist colony and tourist destination since the turn of the century and is historically significant as the first landing place of the Pilgrims. Provincetown’s economy is now almost solely dependent on tourism and, because of this, it is crucial to protect its aesthetic and environmental attributes.

The purposes of this Telecommunications Towers and Facilities Article are to:

1. Preserve the character and appearance of Provincetown while allowing adequate telecommunications services.
2. Protect the scenic, historic, environmental, natural and man-made resources of Provincetown.
3. Provide standards and requirements for regulation, placement, appearance, camouflaging, construction, monitoring, design, modification and removal of Telecommunications Facilities.
4. Provide a procedural basis for action within a reasonable period of time on requests for authorization to place, construct, operate or modify or remove Telecommunications Facilities.
5. Locate towers and/or antennas in a manner that protects property values, as well as the general safety, welfare and quality of life of the citizens of Provincetown and all those who visit this community.
6. Minimize the total number and height of Towers throughout Provincetown.
7. Locate Towers and Telecommunications Facilities so that they do not have negative impacts, such as, but not limited to, attractive nuisance, noise, light and falling objects.
8. Require owners of Towers and Telecommunications Facilities to design and site them so as to minimize and mitigate the adverse visual effects of the Towers and Facilities.
9. Require Tower sharing and the clustering of Telecommunications Facilities, where possible, consistent with safety and aesthetic considerations.

These regulations are intended to be consistent with state and federal law and, in particular, The Telecommunications Act of 1996 in that:

1. They do not prohibit or have the effect of prohibiting the provision of Personal Wireless Services, and
2. They are not intended to be used to unreasonably discriminate among providers of functionally equivalent Services; and
3. They do not regulate Personal Wireless Services on the basis of the environmental effects of radio frequency emissions to the extent that the regulated Services and Facilities comply with the FCC's regulations concerning such emissions.

As used in this Telecommunications Towers and Facilities Article, the following terms shall have the meanings indicated. The word "shall" or "will" indicate mandatory requirements; "may" is advisory and indicates recommendations that are not mandatory.

ACT - The Telecommunications Act of 1996.

ADEQUATE CAPACITY - Capacity is considered to be "adequate" if the Grade of Service is p.05 or better for at least 50% of the days in a preceding month, prior to the date of Application, as measured using direct traffic measurement of the telecommunications facility in question, where the call blocking is due to frequency contention at the antenna(s).

AVAILABLE SPACE - The space on a Tower or structure to which Antennas of a Telecommunications Provider are both Structurally Able and Electromagnetically Able to be attached.

BASE STATION - The primary sending and receiving site in a wireless telecommunications network. More than one Base Station and/or more than one variety of Telecommunications Providers can be located on a single Tower or structure.

BULLETIN 65 - Published by the FCC Office of Engineering and Technology specifying radiofrequency radiation levels and methods to determine compliance.

CAMOUFLAGED FACILITY - A telecommunications facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure is considered "camouflaged".CHANNEL - The segment of the radiation spectrum from an antenna, which carries one signal. An antenna may radiate on many Channels simultaneously.

COLLOCATION – The use of a single mount on the ground by more than one carrier (vertical collocation), and/or several mounts on an existing structure by more than one carrier.

COMMUNICATION EQUIPMENT SHELTER - A structure located at a facility designed principally to enclose equipment used in connection with Telecommunications transmissions.

DATA MAPPING - Data Mapping is defined as depicting on a map, by graphical (colors, shading or symbols) means, to show actual or predicted values of signal-coverage parameters in order to establish adequacy of service.

dBm – Unit of measure at the input of a receiver, given its antenna system gain at a particular frequency, expressed as decibels (dB) above one milliwatt. Signal predictions with this measure are valid at one particular frequency, and ambiguous unless all receivers and antenna combinations are identified.

dBu - Unit of measure of the field intensity of an electromagnetic signal, expressed as decibels (dB) above one microvolt per meter, an absolute measure for describing and comparing service areas, independent of the many variables (see dBm) introduced by different receiver configurations. This unit of measure should be used for coverage prediction plots.

DRIVE TESTING - Drive Testing is defined as testing in which reception results, obtained by driving through an area using a vehicle-mounted receiver, are recorded for analysis. Preliminary drive tests may be made of existing-facility coverage and/or the propagation characteristics of transmission from a possible facility location (using a temporary antenna and low-power transmitter); follow-up drive testing may be used after cell turn-on and in conjunction with cell tuning.

DWELLING UNIT – As defined in Provincetown By-law.

ELECTROMAGNETICALLY ABLE - The determination that the proposed antenna(s) meet manufacturers’ minimum separation recommendations, given the location and operating parameters of existing and proposed antenna(s).

ELEVATION – The elevation at grade or ground level shall be given as Above Mean Sea Level (AMSL). The height of the wireless service facility shall be given as Above Ground Level (AGL). AGL is a measurement of height from the natural grade of a site to the highest point of a structure. The total elevation of the wireless service facility is AGL plus AMSL.

EMF – Radiofrequency emissions or radiation which is produced by wireless transmitters.

ENVIROMENTAL ASSESSMENT (EA) – An EA is the document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a wireless communication facility is placed in certain designated areas such as wetlands and other sensitive habitats.

ERP - Effective Radiated Power

FACILITY SITE - A property, or any part thereof, which is owned or leased by one or more telecommunications providers and upon which one or more telecommunications facility (ies) and required landscaping are located.

FALL ZONE – The area on the ground within a prescribed radius from the base of a wireless communications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC - Federal Communications Commission, The government agency responsible for regulating telecommunications in the United States.

GRADE OF SERVICE - A measure of the percentage of calls which are able to connect to the Base Station during the busiest hour of the day. Grade of Service is expressed as a number, such as p.05 - which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better Grade of Service.

HEIGHT OF TOWER - The vertical distance between the highest point of the structure, including any device attached, and the grade.HERTZ - One hertz is the frequency of an electric or magnetic field that reverses polarity once each second, or one cycle per second.

LICENSED CARRIER – A company authorized by the FCC to construct and operate a Wireless Communications facility.

LOCATION - References to site location as the exact longitude and latitude to the nearest tenth of a second with bearing or orientation referenced to true North.

MAJOR MODIFICATION OF AN EXISTING FACILITY - Any change or proposed change in power input or output, number of Antenna(s), change in Antenna type or model, repositioning of Antenna(s), or change in number of Channels per Antenna above the maximum number approved under an existing Special Permit.

MAJOR MODIFICATION OF AN EXISTING TOWER - Any increase or proposed increase in dimensions of an existing and permitted Tower or other structure designed to support Telecommunications transmission, receiving and/or relaying antenna(s) and/or equipment.

MHz - Megahertz: A measure of electromagnetic radiation equaling one million hertz.

MONITORING - The measurement, by the use of instruments in the field, of non-ionizing radiation exposure at a site.

MONITORING PROTOCOL - The testing protocol, such as the Cobbs Protocol (or one substantially similar, including compliance determined in accordance with the National Council on Radiation Protection and Measurements, Reports 86 and 119), which is to be used to monitor the emissions and determine exposure risk from existing and new telecommunications facilities upon adoption of this article. As the technology changes, the Special Permit Granting Authority (SPGA) may require by regulation the use of other testing protocols. A copy of the monitoring protocol shall be on file with the Board of Selectman and the Town Clerk.MONOPOLE - A single self-supporting vertical pole with no guy wire anchors, usually consisting of a galvanized or other unpainted metal, or a wooden pole with below grade foundations. (See Tower)

NON-IONIZING RADIATION - defined as any electromagnetic radiation, including the radiofrequency radiation, incapable of producing ions directly or indirectly.

PERSONAL WIRELESS SERVICES – Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services. These services include: cellular services, Personal Communications Systems (PCS), specialized mobile radio services, and paging services.

PERSONAL WIRELESS SERVICE FACILITY – All equipment (including Repeaters) with which a Personal Wireless Service Provider broadcasts and receives the radiofrequency waves that carry their services, and all locations of said equipment or any part thereof. Said Facility may be sited on one or more Towers or structure(s) owned and permitted by another owner or entity.

PERSONAL WIRELESS SERVICE PROVIDER – An entity regulated by the FCC providing Personal Wireless Services to individuals or institutions.

RADIAL PLOTS - Radial plots are the result of drawing equally spaced lines (radials) from the point of the antenna, calculating the expected signal, and indicating this graphically on a map. The relative signal strength may be indicated by varying the size or color at each point being studied along the radial; a threshold plot uses a mark to indicate whether that point is strong enough to provide adequate coverage - i.e., the points meeting the threshold of adequate coverage. The drawback is the concentration of points close to the antenna and the divergence of points far from the site near the ends of the radials.

RADIATED-SIGNAL PROPAGATION STUDIES OR COVERAGE PLOTS - Computer-generated estimates of the signal emanating from antenna(s) or repeater(s) sited on a specific tower or structure, and prediction of coverage. The height above ground, power input and output, frequency output, type of antenna, antenna gain, topography of the site and its surroundings are all taken into account to create these estimates, which are the primary tools for determining whether a site will provide adequate coverage for the telecommunications facility proposed for that site.

RADIO FREQUENCY ENGINEER - An engineer who specializes in the design, review, and monitoring of radio frequency technologies.

SCENIC VIEW – A scenic view is a wide angle or panoramic field of sight and may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen traveling along a roadway, waterway, or path, and may be to a far away object or a nearby object.

SEPARATION – The distance between one carrier’s array of antenna(s) and another carrier’s array of antenna(s).

SITE - The land area that is, or will be, temporarily or permanently altered during construction and/or use of any telecommunications tower or facility. Alterations include all construction activities, fencing, landscaping, screening, structures, parking facilities, etc. Access roads and utility lines shall not be considered to be part of the site, except where specified in these regulations.

SPECIAL PERMIT GRANTING AUTHORITY (SPGA) –The Planning Board shall be the Special Permit Granting Authority for the purposes of this Article

STRUCTURALLY ABLE – A determination that a Tower or structure is capable of carrying the physical load imposed by the proposed new Antenna(s) under all reasonably predictable conditions as determined by a professional structural engineering analysis.

TELECOMMUNICATIONS - Commercial Mobile Services, unlicensed wireless service, and Personal Wireless Services. Said services include cellular services, personal communications services (PCS), Specialized Mobile Radio Services, Broadcast and Paging Services. The FCC regulates services.

TELECOMMUNICATIONS FACILITY - All equipment (including any Repeaters) with which a Telecommunications Provider broadcasts and receives the radio frequency waves which carry their services and all locations of said equipment or any part thereof. This Facility may be sited on one or more Towers or structures owned and permitted by another owner or entity.

TELECOMMUNICATIONS PROVIDER - An entity, licensed by the FCC to provide Telecommunications Services to individuals or institutions.

TELEPORT - A facility using satellite dishes of greater than 2.0 meters in diameter, which are designed to up-link to communications satellites.

TILED COVERAGE PLOTS - Tiled plots result from calculating the signal at uniformly spaced locations on a rectangular grid, or tile, of the area of concern. Unlike radial plots, tiled plots provide a uniform distribution of points over the area of interest, usually the same grid will be used as different sites are examined, and it is not necessary that the transmitter site be within the grid or area of interest. As with radial plots, the graphic display or plot can be either signal strength or adequate threshold. This method requires substantially more topographic data and longer (computer) execution time than radial plots but is preferable for comparative analysis.

TOWER – A support structure intended to support antenna(s) and associated equipment. This includes:

10050 Exempted Wireless Telecommunications Uses:

The following wireless telecommunications facilities are exempted from this Article: police, fire, ambulance and other emergency dispatch, citizen band radio, and amateur radio towers used exclusively by a federally licensed amateur radio operator. No Telecommunications Facility or Repeater shall be exempt from this Article for any reason, including a Facility or Repeater, which is proposed to share a Tower or other structure with designated exempt uses.

There shall be no Teleport(s), as defined in this Article, within the Town of Provincetown.

A. Access Roads and Above Ground Utilities: Where new telecommunications towers and facilities require construction of, or improvements to, access roads, said roads, to the extent practicable, shall follow the contour of the land and be constructed or improved in a manner which creates minimum environmental and aesthetic harm. Utility or service lines shall be designed and located so as to protect, and minimize or prevent debasement of, the scenic character or beauty of the area. The SPGA shall request comments from the Chiefs (or their designees) of Fire, Police and other Emergency services regarding the adequacy for emergency access of any planned drive or roadway to the site.

B. Setbacks for New Towers: new Towers shall have a fall zone set back of at least one (1) times the height of the Tower, plus 50', from all boundaries of the site on which the Tower is located. This set back requirement is intended to create a fall zone in the event of a tower collapse. Towers also shall be subject to the buffer zone setback set forth in Section 10070, subsection L, below.

C. Camouflage and Landscape Screening: A Telecommunications Facility and Tower shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to, use of compatible buildings materials and colors, screening, landscaping and placement within trees, and use of alternative design mounting structures to conceal the presence of antenna(s) or tower(s). Screening shall be required at the perimeter of the Site. If Telecommunications facilities are not camouflaged from public viewing areas by existing building or structures, buffers of dense tree growth and year-round visual buffer shall surround them. Ground-mounted Telecommunications facilities shall be provided with a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject site or installed as part of the proposed facility or a combination of both. The SPGA shall determine the types of trees and plant materials and depth of the buffer based on site conditions. If the Facility or Tower Site is in a wooded area, a vegetated buffer strip of undisturbed trees shall be retained for at least 50 feet in width around the entire perimeter except where the access drive is located. Applicant shall post a bond at a local bank to cover the cost of the remediation of any damage to the landscape, which occurs during the clearing of the Site.

D. Fencing and Signs: Adequate warning signs and fencing shall be installed as needed to protect the public and at a minimum shall meet federal requirements. The visual impact of any fencing shall be minimized, consistent with intended safety of the fencing.

E. Communication Equipment Shelters and Accessory Buildings: Said shelters and buildings shall be designed to be architecturally similar and compatible with each other, and shall be no more than 12 feet high. The buildings shall be used only to house equipment related to this particular site. Whenever possible, the buildings shall be joined or clustered so as to appear as one building. Equipment shelters for telecommunication facilities shall be designed to be consistent with traditional Cape Cod architectural styles and materials, with a recommended roof pitch of at least 10/12 and wood clapboard or shingle siding; or equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or wooden fence. The SPGA shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.

6. Tower Finish and Tower Heights and Tower Types:

1. Tower Finish: New Tower(s) shall have a galvanized finish unless otherwise required. The SPGA may require the Tower(s) to be painted or otherwise camouflaged to minimize their adverse visual impact.
2. Towers shall be a maximum of 150 feet in height.
3. Tower(s) must be of a type that potentially can be used for collocation. Monopoles shall be the preferred type of Tower. Where another type of tower is requested, applicant must demonstrate why monopoles would not be sufficient. (Monopoles are preferred because recent studies have shown that monopoles have a lesser number of bird kills when compared to other types of towers. Provincetown supports a large number of migratory birds. Provincetown was recently listed as one of the top ten Massachusetts towns with the greatest density of rare species).

G. Minimizing the number of required tower(s)/antenna(s): The use of repeater(s) to assure Adequate Coverage, or to fill holes within areas of otherwise Adequate Coverage, shall be permitted and encouraged. An applicant who has received a Telecommunications Facility Special Permit under this Article may install, with at least thirty (30) days written notice to the SPGA, the Board of Health, Conservation Commission, Building Inspector and Town Clerk, one or more additional Repeater(s) by right. Site Plan Review before the SPGA shall be required. Applicant shall detail the number, location, power output, and coverage of any proposed Repeater(s) in its systems and provide engineering data to justify their use. Abutters must be notified in accordance with Site Plan Review application procedures contained in the Provincetown Zoning By-laws.

H. Commercial Advertising: Commercial advertising shall not be allowed on any Antenna, Tower, or Accessory Building or Communication Equipment Shelter.

I. Lighting of Towers: Unless required by the Federal Aviation Administration (FAA), no lighting of tower(s) is permitted. In any circumstance where a tower is determined to need obstruction marking or lighting, applicants must seek the visually least obtrusive marking and/or lighting scheme in their FAA applications. Emergency, safety or security lighting may be utilized when there are people at the site.

J. Hazard to Air Navigation: No tower or telecommunications facility is permitted that would be classified as a hazard to air navigation, as defined by the Federal Aviation regulations (Title 14 CFR).

K. Noise: Telecommunications facilities shall minimize the impact of sound, staying within ambient levels at the perimeter of the Site.

L. Standards for Siting of Telecommunication Facilities, Towers, Repeaters: Any Telecommunications facility or tower, with the exception of Repeaters, shall be sited as far away as possible, and in no event closer than five hundred (500) feet horizontally, from dwelling units, schools (public or private), municipal water supply towers, child care facilities, and housing for the elderly or infirm, unless otherwise specified in Section 10070, subsection M of this Article.

No Repeater shall be located closer than 200’ horizontally to an existing dwelling unit or less than 35’ above ground without demonstration by the applicant that such placement is the only way in which adequate coverage can be provided.

2. The following additional criteria for siting decisions shall be applied:

1. Shared use of existing telecommunications facilities shall be encouraged (if it is demonstrated that safety is not compromised as a result.)

3. Mandatory Ranking of Preferred Sites:

4. Limited Number of Towers and Telecommunication Facilities:

1. Telecommunication facilities shall not be located in wetlands.
2. No hazardous waste shall be discharged on the site of any telecommunications facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.
3. Stormwater run-off shall be contained on-site.

O. Primary Coverage Outside Provincetown: If primary coverage (greater than 50%) from a proposed Tower/Telecommmunications Facility is outside Provincetown, permit may be denied unless the Applicant can demonstrate that it is unable to locate within the Town or area outside of Provincetown which is primarily receiving service from the proposed Facility.

10080 Application Requirements

No Tower or Telecommunications Facility shall be erected, constructed, installed, or modified without first obtaining a Special Permit from the SPGA in accordance with this Article and the requirements of M.G.L. Chapter 40A. A Special Permit shall not be granted for a Tower or Telecommunications Facility to be built on speculation. A special permit shall not be granted for a tower or telecommunications facility unless the applicant or the co-applicant is a Telecommunications Provider which will be using the tower or facility."

B. Pre-Application Conference and Pre-application Filing Requirements:

Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the SPGA at a public meeting to discuss the proposed telecommunications facility in general terms and to clarify the filing requirements. The SPGA shall meet with an applicant under this regulation within twenty-one (21) days following a written request submitted to the SPGA and the Town Clerk. The date, time and location of this pubic meeting shall be advertised at 7 and 14 days in advance of the meeting date in two (2) newspapers in the Town of Provincetown, The Provincetown Banner and The Advocate, which have a general circulation in the town of Provincetown . If the SPGA fails to meet with an applicant who has requested such a meeting within twenty-one (21) days of said request, and said meeting has not been postponed due to mutual agreement, the applicant may proceed with a special permit application under this regulation without need for a pre-application conference. The purpose of the conference is to inform the SPGA as to the preliminary nature of the proposed telecommunication facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the SPGA of the location of the proposed facility, as well as its scale and overall design.

1. Required Legal and Technical Documentation for all Applicants:

1. Location Map: Copy of a portion of the most recent U.S.G.S Quadrangle map, at a scale of 1:24,000 or 1:25,000, and showing the area within at least two miles from the proposed tower/telecommunications facility site. Indicate the tower/telecommunications facility location and the exact latitude and longitude (degrees, minutes and seconds).
2. Vicinity Map at a scale of l' = 200' (1:2400) with contour intervals no greater than 10 feet (3 meter) showing the entire vicinity within a 2000' radius of the tower/telecommunications facility site, and including the topography, public and private roads and driveways, buildings and structures, bodies of water, wetlands, landscape features, historic sites, habitats for endangered species. Indicate the property lines of the proposed tower/telecommunications facility site parcel and of all abutters within 300’ of the tower/telecommunications facility site parcel, (from assessors’ maps or available surveys). Include the names and addresses of all abutters within 300’ of the tower/telecommunications facility site parcel. Indicate any access easement or right of way needed for access from a public way to the tower/telecommunications facility site and the names of all abutters or property owners along the access casement or who have deeded rights to the easement.
3. Existing Conditions Plan: A recent survey of the tower/telecommunication facility site at a scale no smaller then 1'= 40'(1:480 or metric equivalent 1:500) with topography drawn with a minimum of 2'(0-6 meter) contour intervals, showing existing utilities, property lines, existing buildings or structures, stone walls or fence lines, wooded areas, individual trees with diameters greater than 12" within a 200’ radius from the base of the proposed Tower (labeled with their current heights). Show the boundary of any wetlands or floodplains or watercourses, and of any bodies of water included in the Watershed Protection District within 300' from the Tower or any related facilities or access ways or appurtenances. A Professional Land Surveyor must have completed the survey plan, on the ground, within one year prior to the application date. (This time requirement reflects the historically documented unusual degree of topographical changes that have occurred frequently in Provincetown, and also the proliferation of the construction of new homes.)
4. Proposed Site Plans: Proposed tower/telecommunications facility site layout, grading and utilities at the same scale or larger than the Existing Conditions Plan.

1. Proposed tower/telecommunications facility location and any appurtenances, including support and guy wires, if any, and any accessory building (Communication Equipment Shelter or other). Indicate property boundaries and setback distances to the base(s) of the tower/telecommunications facility and to the nearest corners of' each of the appurtenant structures to those boundaries, and dimensions of all proposed improvements. Where protective fencing is proposed, indicate setback distances from the edge of the fencing.
2. Indicate proposed spot elevations at the base of the proposed tower/telecommunications facility and at the base of any guy wires, and the corners of all appurtenant structures.
3. Proposed utilities, including distance from source of power, sizes of service available and required, locations of any proposed utility or communication lines, and whether underground or above ground. Detailed plans for emergency power generation, including:

1. Demonstration of percent of electrical demands being proposed in event of loss of commercial power.
2. Type of fuel, storage method, and expected means and frequency of fuel delivery to the site for power generation.
3. Amount of generator time based on historical power reliability for the area of the facility, proposed frequency and duration of tests, and description of muffler system and methods for noise abatement.
4. Feasibility of wind and/or solar power in conjunction with storage batteries.

1. Limits of areas where vegetation is to be cleared or altered, and justification for any such clearing or alteration.
2. Any direct or indirect wetland alteration proposed, which must be reviewed by the Conservation Commission.
3. Detailed plans for drainage of surface and/or sub-surface water; plans to control erosion and sedimentation both during construction and as a permanent measure.
4. Plans indicating locations and specifics of proposed screening, landscaping, ground cover, fencing, etc. and any exterior lighting or signs.
5. Plans of proposed access driveway or roadway and parking area at the tower/telecommunications facility site. Include grading, drainage, and traveled width. Include a cross section of the access drive indicating the width. Depth of gravel, paving or surface materials.
6. Plans showing any changes to be made to an existing facility's landscaping, screening, fencing, lighting, drainage, wetlands, grading, driveways or roadways, parking, or other infrastructure as a result of a proposed modification of the facility.

1. Proposed Tower and Appurtenances:

1. Plans, elevations, sections and details at appropriate scales but no smaller than 1" = 10’
2. Two cross sections through a proposed tower drawn at right angles to each other and showing the ground profile to at least 100 feet beyond the limit of clearing, and showing any guy wires or supports. Show dimension of the proposed height of tower above average grade at tower base. Show all proposed antenna(s), including their location on the tower.
3. Details of proposed tower foundation, including cross-sections and details; also all ground attachments, specifications for anchor bolts, and other anchoring hardware.
4. Identify proposed exterior finish of the tower.
5. Indicate relative height of the tower to the tops of surrounding trees as they presently exist.
6. Illustrate the modular structure of the proposed tower indicating the heights of sections which could be removed or added in the future to adapt to changing communications conditions or demands.
7. Written description by a Professional Structural Engineer of the proposed Tower structure and its capacity to support additional Antenna(s) or other Communications facilities at different heights and the ability of the Tower to be shortened if future communications facilities no longer require the original height.
8. A description of Available Space on the tower, providing illustrations and examples of the type and number of Telecommunications Facilities which could be mounted on the structure.

1. Proposed Communications Equipment Shelter:

1. Floor Plans, elevations and cross sections at a scale of no smaller than

1 / 4" = 1’ (1: 48) of any proposed appurtenant structure.

2. Representative elevation views, indicating the roof, facades, doors and other exterior appearance and materials.

1. Proposed Equipment Plan:

1. Floor plans, elevations, sections and details at appropriate scales but no smaller than 1" = 10’.
2. Number of Antenna(s) and Repeater(s), as well as the exact locations, of Antenna(s) and of all Repeaters (if any) located on a map as well as by degrees, minutes and seconds of latitude and longitude.
3. Mounting locations on Tower or structure, including height above ground.
4. Antenna type(s), manufacturer(s), model number(s).
5. For each Antenna, the Antenna gain and Antenna radiation pattern.
6. Number of channels per Antenna, projected and maximum.
7. Power input to the Antenna(s).
8. Power output, in normal use and at maximum output for each antenna and all antenna(s) as an aggregate.
9. Output frequency of the Transmitter(s).
10. A recent survey of the facility site at a scale no smaller than 1" = 40’ (1:480 or metric equivalent 1:500) showing horizontal and radial distances of antenna(s) to the nearest point on the property line, and to the nearest dwelling unit.
11. Appearance shown by at least two photographic superimpositions of the Telecommunications Facility with the subject property. The photographic superimpositions shall be provided for the antenna mounts, equipment shelters, cables as well as cable runs and security barriers, if any, for the total height, width and breadth.

1. Visibility Maps/Photographs/Sight Lines:

1. A minimum of eight (8) view lines in a zero (0) to two (2) mile radius from the site, shown beginning at True North and continuing clockwise at forty- five degree intervals
2. A plan map of a circle of two (2) miles radius of the Facility Site on which any visibility of the proposed Tower from a public way shall be indicated.
3. Applicant shall utilize the U.S.G.S. Quadrangle map, at a scale of 1:24,000 or 1:25,000, and submit profile drawings on a horizontal scale of 1 "= 400’, with a vertical scale of 1"= 40'. Trees shall be shown at existing heights.

1. Noise Filing Requirements:

1. Existing or ambient: the measurements of existing noise.
2. Existing plus proposed Telecommunications facilities: maximum estimate of noise from the proposed Telecommunications facility plus the existing noise environment. Such statement shall be certified and signed by an acoustical engineer and state that noise measurements are accurate and meet the Noise Standards of this Bylaw.

1. Balloon Test and Crane Test:

Within forty-two (42) days of submitting an Application, Applicant shall arrange to fly, or raise upon a temporary mast, a three foot diameter brightly colored balloon at the maximum height at the location of the proposed Tower, and/or shall arrange to raise a temporary mast, which may involve the use of a crane, to the maximum height at the location of the proposed Tower. The dates (including a second date, in case of poor visibility on the initial date), times and location of this balloon test shall be advertised by the Applicant at 7 and 14 days in advance of the first test date in two newspapers in the Town of Provincetown, The Provincetown Banner and The Advocate, which have a general circulation in the town of Provincetown. The Applicant shall inform the SPGA and any abutting property owners, in writing, of the dates and times of the test at least 14 days in advance. This test shall occur for at least four consecutive hours sometime between 9:00 am and 5:00 p.m. of the dates chosen.

2. Visual Analysis:

A. Permitting Procedures: In acting on the Special Permit Application, the SPGA shall adhere to the procedures and time lines established for Special Permits in the applicable regulations and Zoning By-laws of the Town.

B. Public Hearings: Special Permits shall only be issued following public hearing as prescribed by State law and the Provincetown Zoning By-laws.

3. Applicable Findings: Under the specific criteria and requirements specified in Section 10070 and other sections of this Article, the SPGA shall, in consultation with the Independent Consultant(s), selected in accordance with Section 100100, make all of the following applicable findings in writing, with, reasons before granting the Special Permit:

1. That applicant is not already providing Adequate Coverage and/or Adequate Capacity to the Town of Provincetown; and
2. That applicant is not able to use or modify for use existing towers/facility sites located within or outside the town, either with or without the use of Repeaters, to provide Adequate Coverage and/or Adequate Capacity to the Town of Provincetown; and
3. That applicant has endeavored to provide Adequate Coverage and Adequate Capacity to the Town with the least number of towers and antennas which is technically and economically feasible; and
4. That applicant has agreed to rent or lease available space on the Tower, under the terms of a fair-market lease, with reasonable conditions and without discrimination to other Telecommunications Providers; and
5. That the proposed telecommunications facility or tower will not have an undue adverse impact on historic resources, scenic views, natural beauty, residential property values, natural or man-made resources; and
6. That applicant has agreed to implement all reasonable measures to mitigate the potential adverse safety and aesthetic impacts of the facilities; and
7. That the proposed Tower/Telecommunications Facility shall comply with current FCC standards (or other current applicable standard, if changed) regarding emissions of electromagnetic radiation and that the required Monitoring Protocol (as defined in Section 10040 above) is in place and shall be paid for by the applicant; and
8. That the proposed sites for facilities and towers have been camouflaged and screened to the greatest extent possible to minimize adverse visual impacts; and
9. That applicant has conclusively demonstrated that the proposed site for the service facility or tower is at the highest level, in the order of site acceptability, specified in Section 10070, subsection M, number 3; and
10. That no indirect services proposed could reasonably be provided by use of land lines or other non-radiating means; and that all other conditions and requirements of this by-law have been fulfilled by the applicant; and
11. That less than 50% of the primary coverage of the proposed site is outside of Provincetown.

D. Denial of Application: any decision by the SPGA to deny an Application for a Special Permit under this Article shall be in conformance with SEC. 332 [47 U.S.C. (7)(B)(iii) of the Act], in that it shall be in writing and supported by substantial evidence contained in a written record.

1. Upon submission of an Application for a Special Permit under this Article, the

B. The SPGA shall select the Independent Consultant(s) from a list agreed upon in advance by the Board of Health and the Conservation Commission.

C. Upon submission of a complete application for a Special Permit under this Article, the SPGA shall provide its independent consultant(s) with the full application for their analysis and review.

D. Applicants for any Special Permit under this article shall obtain permission from the Owner(s) of the proposed property(s) or Facilities Site(s) for the Town’s Independent Consultant(s), to conduct any necessary site visit(s).

After issuance of a Special Permit and prior to commencement of transmission by a successful applicant's Telecommunications Facilities, said applicant shall pay for an Independent Consultant(s), hired by the SPGA, to Monitor the background levels of EMF radiation around the proposed Facility Site and/or any Repeater locations used for applicant's telecommunications facilities. The Independent Consultant(s) shall use the Monitoring Protocol. A report of the Monitoring results shall be prepared by the Independent Consultant(s) and submitted to the Board of Selectmen, the SPGA, the Board of Health, the DPW Director, the Building Inspector and the Town Clerk.

Within fourteen (14) business days after transmission begins, the owner(s) of any telecommunications facility(s) located on any Facility Site shall pay for an Independent Consultant(s), hired by the Town, to conduct testing and monitoring of non-ionizing radiation emitted from said Site, and to report the results of said monitoring. Said monitoring of exposure shall be conducted on a semi-annual basis, using actual field measurement of non-ionizing radiation using the Monitoring Protocol. A report of the Monitoring results shall be prepared by the Independent Consultant(s) and submitted to the Board of Selectmen, the SPGA, the Board of Health, the DPW Director, the Building Inspector and the Town Clerk. Any Major Modification of Existing Facility, or the activation of any additional permitted channels, shall require new monitoring.

In the event that the monitoring of a Telecommunications Facility Site reveals that the Site exceeds the current FCC standard (or other current applicable standard if changed), the owner(s) of all facilities using that Site shall be so notified. Said owner(s) shall submit to the SPGA and the Inspector of Buildings within ten (10) business days of non-compliance a plan for reducing emissions to a level that complies with current FCC guidelines. Said plan shall reduce emissions to the standard within 15 days of initial notification of non-compliance. Failure to accomplish such reduction of emissions within 15 days of notification of non-compliance shall be a violation of this By-law and the Special Permit and may result in the imposition of fines in accordance with Section 4140, or revocation or the special permit, or both.

D. Structural Inspection:

The owner of a Tower/Telecommunications Facility shall comply with all state and local requirements for structural inspection and certification. In addition, all towers shall be inspected after sustained winds of 90 mph, in the event of unsafe conditions such as severe ice build-up, and in any event not less than every seven years. The owner shall grant its permission and the permission of any other relevant parties to carry out such inspections.

In the event that the inspection of any Tower reveal any structural defect(s) which, in the opinion of the Independent Consultant(s), render(s) that tower unsafe, the following actions must be taken: The owner(s) must be given notice of the unsafe condition, and, within ten (10) business days of notification, the owner(s) of the tower shall submit a plan to remedy the structural defect(s). This plan shall be initiated within ten (10) days of the submission of the remediation plan, and completed as soon thereafter as reasonably possible. Failure to accomplish remediation of structural defect(s) within thirty (30) days of the original notice (or such shorter or longer period as may be determined to be reasonable in the circumstances in the event that the Inspector of Buildings determines that the tower poses a substantial and imminent threat to public safety, shall be a violation of this By-law and the Special Permit and may result in the imposition of fines in accordance with Section 4140, or revocation or the special permit, or both. Such fines shall be payable to the Town of Provincetown by the owner(s) of the tower.

This bylaw shall be enforced by the Town’s Inspector of Buildings, who shall take such action as may be necessary to enforce full compliance with the provisions of this by-law and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Town Manager and the Town Counsel.

Structures and antennas may not be erected, substantially altered, moved, or changed in use, and land may not be substantially altered or changed in principal use without certification by the Inspector of Buildings that such action is in compliance with applicable zoning or without review by him regarding whether all necessary permits have been obtained from governmental agencies from which approval is required by federal, state or local law. Structures and antenna(s) shall be constructed and routed to minimize detrimental effects on visual setting.

Special Permits shall lapse twenty-four (24) months following the issuance thereof (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, Section 17), if a substantial use thereof or construction has not sooner commenced.

A. Abandonment or Discontinuance of Use: Any Telecommunications Facility, which ceases to operate for a period of one year, shall be removed by the applicant or subsequent owner within ninety (90) days from the date of abandonment or discontinuation of use. Cease to operate is defined as not performing the normal functions associated with the telecommunications facility and its equipment on a continuous and ongoing basis for a period of one year. At the time of removal, the Facility Site shall be remediated so that all Telecommunications Facility improvements, which have ceased to operate, are removed. If all Facilities on a tower have ceased to operate, the tower shall also be removed, and the Site shall be re-vegetated. Existing trees shall only be removed if necessary to complete the required removal. Applicant shall, as a condition of the Special Permit, provide a financial surety payable to the Town of Provincetown and acceptable to the SPGA, to cover the cost of removal of the Telecommunications Facility and the remediation of the landscape, should the Facility cease to operate.

1. Indemnification: The Town of Provincetown shall not enter into any lease

agreement or otherwise authorize any tower or telecommunication facility siting by a telecommunication service provider until and unless the Town obtains adequate indemnification from such provider. This indemnification shall, at a minimum:

1. Indemnify and hold harmless the Town, its elected and appointed officers, agents, and employees, from and against any and all claims, demands or causes of action whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attorneys fees, liabilities, damages, orders, judgements or decrees sustained by the Town or any third party arising out of or by reason of, or resulting from the negligent acts, errors or omissions of each telecommunication facility operators, agents, or employees; and,
2. Provide that the covenants and representations relating to the indemnification provision shall survive the term of any agreement and continue in full force and effect as to the responsibility of the party to indemnify.

1. Insurance:

The Town of Provincetown may not enter into any lease agreement or otherwise authorize a tower or telecommunication facility by any telecommunication service provider until and unless the Town obtains assurance that such operator (and those acting on its behalf) have adequate insurance against damage to persons or property, in which the Town shall be an additional insured, as determined by the Board of Selectmen. At a minimum the following insurance requirements shall be satisfied;

1. A telecommunications facility operator shall not commence construction or operation of the facility without obtaining all insurance required under this section and approval of such insurance by the Board of Selectmen, nor shall a telecommunications operator allow any contractor or sub-contractor to commence work on its contract or sub-contract until all similar insurance required of the same has been obtained and approved by the Board of Selectmen. The required insurance must be obtained and maintained for the entire period the telecommunications facility is in existence. If the operator, its contractors or subcontractors do not have the required insurance the Town may order such entities to cease operation of the facility until such insurance is obtained and approved.
2. Certificate(s) of such insurance, reflecting evidence of the required insurance shall be filed with the Board of Selectmen. For entities that are entering the market the certificate shall be filed prior to the commencement of construction and once a year thereafter, and as provided below in the event of lapse of coverage.
3. The certificate(s) of insurance shall contain a provision that coverages afforded under such policies shall not be canceled until at least thirty (30) days prior written notice has been given to the Town. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Massachusetts.
4. Where applicable, in the event that the insurance certificate provided indicates that the insurance shall terminate or lapse during the term of the lease agreement with the Town, then in that event the telecommunications facility operator, at least thirty (30) days prior to the expiration date of such insurance, shall furnish a renewal certificate of insurance as proof that equal and like coverage remains in effect for the balance of the lease term.
5. A telecommunications facility operator and its contractors and sub-contractors engaged in work on the operators’ behalf, shall maintain minimum insurance in the amounts determined by the Board of Selectmen, to cover liability, bodily injury and property damage. The insurance shall cover the following exposures; premises, operations, and certain contracts. Such coverage shall be written on an occurrence basis and shall also be required under any lease agreement between

C. Fees: The Board of Selectmen shall establish a schedule of fees for the permitting and renewal of permits for Towers and Telecommunications Facilities, any Monitoring of emissions and inspection of structures, and any other fees deemed appropriate. This schedule may be amended from time to time.

A Special Permit issued for any Telecommunications Facility or Tower shall be valid for three (3) years. At the end of that time period, the Telecommunications Facility or Tower shall be removed by the carrier unless a new Special Permit has been obtained.

The invalidity of any section or provision of this Article shall not invalidate any other section or provision hereof.

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