Application and jurisdiction.
(1) A WCF which include a tower shall be erected and installed in all portions of the City only in compliance with the provisions of this section and upon the grant of a special permit by the City Council.
(2) Communications devices shall be erected and installed only on an existing building or structure in all portions of the City, all in compliance with the provisions of this section and upon the grant of a special permit by the City Council.
(3) Notwithstanding anything to the contrary contained in the Zoning Ordinance, the City Council shall be authorized to grant a special permit for the erection or installation of a WCF which includes a tower in all portions of the City.
(4) Notwithstanding anything to the contrary contained in the Zoning Ordinance, the City Council shall be authorized to grant a special permit for a WCF which consists of a communications device on an already existing building or structure in all portions of the City.
(5) No WCF shall be erected or installed out of doors except in compliance with the provisions of this section. The provisions of this section apply to all WCFs whether as a principal use or an accessory use and to any and all extensions or additions to or replacement of an existing WCF.
Review standards. In addition to the special permit review criteria under §
650-59 of this chapter and Section 9 of Chapter 40A of the General Laws, the City Council shall also review the special permit application in conformance with the following objectives:
(1) When considering an application for a WCF which includes a tower, the City Council shall take into consideration the proximity of the facility to residential dwellings.
(2) New WCFs which include a Tower shall be considered only after a finding that existing or previously approved towers cannot accommodate the proposed users.
(3) When considering an application for a communications device proposed to be placed on an already existing building or structure, the City Council shall take into consideration the visual impact of the unit from the abutting neighborhood and streets and the proximity of the unit to residential dwellings.
(4) The City Council shall act on a request for the placement of a WCF within a reasonable period of time, and any denial shall be in writing and supported by substantial evidence contained in the record.
Conditions. The following conditions shall apply to all grants of special permits pursuant to this section:
(1) For all WCFs, annual certification of compliance with Federal Communications Commission, Federal Aviation Administration and federal, state and local laws, rules and regulations must be provided to the City Council.
(2) All towers must comply with all applicable Federal Communications Commission rules and regulations. Annual certification of compliance must be provided to the City Council.
(3) For all towers located on municipal property, a certificate of insurance for liability coverage in amounts determined by the City Solicitor must be provided naming the City as an additional insured.
(4) For all towers located on municipal property, an agreement must be executed whereby the user indemnifies and holds the City harmless against all claims for injury or damage resulting from or arising out of the use or occupancy of the City-owned property by the user.
(5) For all towers, the execution of an agreement must be executed with the property owner whereby the user shall, at his own expense and within 30 days upon termination of the lease or 30 days of nonuse of the tower, restore the premises to the condition it was in at the onset of the lease and shall remove any and all WCFs thereon.
(6) For all towers, a bond must be issued to the City from a surety authorized to do business in Massachusetts and satisfactory to the City in an amount equal to the cost of removal of any and all WCFs from the premises and for the repair of such premises and restoration to the condition that the premises were in at the onset of the lease, said amount to be determined by the City. The amount of the bond shall be the total of the estimate by the City plus an annual increase of 3% for the term of the lease. The term of the bond shall be for the full term of any lease plus 12 months. The City must be notified of any cancellation or change in the terms or conditions in the bond. The amount of the bond is to be payable to the City in the event that the user breaches the agreement in Subsection (4), above.
(7) For all towers located on nonmunicipal property, a clause must be inserted in any lease that unconditionally permits the City or contractors hired by the City to enter the premises at any time on which towers are located if any City-owned or -controlled telecommunications devices are located thereon.
(8) For all towers located on nonmunicipal property, a clause must be inserted in any lease that unconditionally permits the City or contractors hired by the City to enter the premises on which towers are located in the event the user breaches the agreement in Subsection (4), above.
(9) For all towers, an agreement must be executed whereby the user will allow the installation of municipal communications devices at no cost to the City of Marlborough and which will allow other carriers to lease space on the tower so long as such use does not interfere with the user's use of the tower or with any City-controlled telecommunications equipment. There will be a presumption that a tower can accommodate more than one user, and if the applicant alleges that another carrier or carriers would interfere with its use of the tower, it must support the allegation by substantial evidence.
(10) All permittees shall be required to file annually on or before February 1 with the City Clerk a complete list of all WCF locations in the City then used by the permittee, including communications devices mounted on the interior of a building or structure.
