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HomeMy WebLinkAbout2021-11-18 SB Packet - Released SELECT BOARD MEETING Thursday, November 18, 2021 C onducted by Remote P articipation* 6:00 P M AGENDA SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve S mall C ell Wireles s Installation P olicy 6:OOpm 2. Special Town Meeting 2021-1 Article Positions/Discussion 6:15pm ADJOURN 1. Anticipated Adjournment 7:OOpm *An Act Extending C ertain C O VID-19 Measures: http s://www.mas s.gov/s ervic e-details/up dated- guidance-on-holding-meetings-pursuant-to-the-act-extending-certain-covid-l9-measures Membe�s of the public can view the meetz'ng webina�f�om thei�compute�o�tablet by clicking on the following link at the tz'me of the meetz'ng: http s://us06web.zoom.us/j/93620426742?pwd=M21 W VXJzV 1hXZF Rlb3p Q Wn1VM2VHZz09 iP ho ne o ne-tap: +13017158592„93620426742# or+13126266799„93620426742# Telephone:+1 301 715 8592 or+1 312 626 6799 or+1 929 436 2866 or+1 253 215 8782 or+1 346 248 7799 or+1 669 900 6833 Web inar I D: 9 3 6 2042 6742 Passcode: 863863 A S ummit meeting o f the S elect Board, C apital Exp enditures C ommittee,Appropriation Committee and School Committee will be held on Thursday, December 2, 2021 at 7:OOpm via remo te p artic ip atio n. T he next regularly s c heduled meeting o f the S elec t B o ard will b e held o n Mo nday, D ec emb er 6, 2 021 at 7:OOp m via remo te p artic ip atio n. Hea�ing Assistance Devices Available on Request � All agenda time and the o�de�of items a�e app�ximate and � � �,�,,, subject to change. Recarded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Select Board Member Concerns and Liaison Reports PRE E TER� ITEM S N . NUMBER: S elect Board Members LR.1 S UMMARY: Under this item, S elect Board Members can provide verbal updates, as well as comment on any additional p o ints and c o nc erns. T here are c urrently no written up date s fo r the No vemb er 18, 2021 meeting. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/18/2021 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Approve Small Cell Wireless Installation Policy PRE E TER• ITEM S N . NUMBER: Board Discussion I.1 S UMMARY: Attached please find the Small Cell Wireless Installation Policy that was presented to the Select Board on 11- 1-21 for background information. As discussed on 11-17-21, the version that Select Board members Lucente and Sandeen worked on and was included in the packet for 11-15-21 was vetted further with Town Counsel and the Town Manager and a vers ion(dated 11-17-21)with b oth redline and c lean vers ions has b een attached. T he red lined vers io n als o inc lud e s s o me c o mments to help exp lain the c hange s. SUGGESTED MOTION: Move to approve the S mall C ell Wireles s F ac ility Installation P olicy, dated 11-17-21 as attached. FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 11/18/2021 6:OOp m ATTACHMENTS: Description Type � �::���;����� ��������,,y ��,,,,,�`�:�.� �::������� �;����� � �.�;c���mr����� �4������c;y��I �I�,,,,,�,�I C������ IC������:� � ����r�����.���� ��°�����������fm����������.��:����:����������I����.�:� �:������° IC�.��Fl�ai�� Town of Lexington Small Cell Wireless Facility Installation Polic,y The Town of Lexington (the "Town"), by and through its Select Board (the "Board") adopts this Small Cell Wireless Facility Installation Policy(the "Policy")regulating the placement of small cell wireless facilities ("SWF"), including all related equipment and devices in order to address the demand for SWF and the Town's interests in health, welfare and safety, as well as the aesthetic character of the Town. This policy is subj ect to and intended to be consistent with the Federal Communications Commission ("FCC") Order In the Matte�of Accele�ating Wi�eless B�oadband Deployment by Removi�g Ba��ie�s to Inf�ast�uctu�e Investment, Decla�ato�y Ruling and Thi�d Repo�t and O�de�(the "FCC Small Cell`1Vireless Order"), FCC WT Docket Nos. 17-79 and 17-84 (September 27, 2018); 47 U.S.C. §§ 253 and 332; M.G.L. c. 166, §§ 21 and 22; and other applicable laws and regulations. The terms used herein are defined consistent with the FCC Small Cell Wireless Order. The Select Board considered climate change, systemic racism and disabilities in its adoption of this Policy. 1. Small Cell and Small Wireless Facilities (SWF) SWF include those that meet the following conditions, consistent with Federal Communications Commission ("FCC") criteria: 1. SWF that: i. Are mounted on structures 50 feet or less in height including their antennas, or 11. Are mounted on existing structures no more than 10 percent taller than other adj acent structures, or iii. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; 3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 17 cubic feet in volume; 4. The SWF do not require antenna structure registration pursuant to FCC regulations; 5. The SWF are not located on Tribal lands, as defined under 36 CFR 800.16(x); and 6. The SWF do not result in human exposure of radio frequency radiation in excess of the applicable safety standards specified in FCC regulations. {A0638426.2} Z. Application for SWF Installation a. SWF inay only be installed or substantially altered subj ect to a permit from the Board in accordance with this Policy. Any replacement or alteration to an installation shall be subj ect to reapplication, hearing, and Board or its designee's approval. Repairs or replacements of existing installations with a substantially similar installation as determined by the Building Commissioner shall be exempt from this policy. b. All SWF installations shall comply with all other Town Bylaws, and all other applicable laws and regulations. c. Applications shall be submitted in the form and number required by the Town Manager, along with a $1,000 application fee for proposals of up to five installation locations. Each additional proposed installation is subj ect to an additional $200 application fee per installation. Application fees shall be reviewed from time to time. d. Applicants are responsible for sending and publishing all required notices, consistent with G.L. c. 166, §§ 21-22 and any other lawful notice rules adopted by the Board or its designee. Proof of notice must be submitted to the Town Manager with the completed application. e. The Building Commissioner or their designee shall make a determination as to the completeness of the application within ten (10)business days of receipt. If the application is incomplete, the Building Commissioner shall inform the Applicant of the unmet requirements. The application review period will restart once the Applicant submits the supplemental information requested by the Building Commissioner. Any material amendment to an application shall be deemed to be a withdrawal and resubmission of the application for any determination of timing and deadlines. f. Upon determination that an application is complete, the Building Commissioner shall distribute copies of the Application to the following departments: Building, Engineering, Planning, Health, Police, Fire, Conservation, and any other entity as determined appropriate by the Town Manager. g. Departments shall review applications and may submit written comments to the Office of the Town Manager within �fteen (15)business days of the application's circulation. h. The Board or its designee shall schedule and hold a public hearing no later than 60 days after submission of the application for a SWF installation on an existing structure and no later than 90 days after submission of the application for a SWF installation involving a new structure. i. Following the public hearing, the Board or its designee may grant, grant with conditions, or deny the application. The Board may additionally issue such other 2 administrative orders as are lawful, including orders concerning public way safety, pole capacity, or compliance with other relevant laws. Implementation of the siting process shall not materially inhibit the Applicant's SWF or be unlaWfully discriminatory to the Applicant relative to similarly situated entities. j. Approval shall not be transferrable to other carriers, services, installations, or placement locations. The Board may allow transfer of a permit among entities only in the event that ownership of a small cell SWF is being transferred without any changes to the facility itself. In such situations, the parties engaged in the transfer may petition the Board, which shall act on the petition within 60 days. k. The Board may waive particular terms and conditions where substantial compliance with this Policy is maintained in order to ensure avoidance of effective prohibitions as that term is understood by federal law. 3. Content of Applications Applicant shall be defined as the owner and operator of the SWF, including any representative, agent, contractor, sub-contractor or installer of the SWF. No application shall be deemed complete unless it contains the following information: a. Name of the owner and operator of the SWF, the name of any representative, agent, contractor, sub-contractor, or installer of the SWF. b. Point of contact name, address, telephone number, and email address for each entity listed in Section 3(a). c. Detailed drawings, with wet stamp/signature, and descriptions of the equipment to be installed, including: i. Manufacturer's cut sheets for all proposed SWF equipment ii. Type of equipment iii. Dimensions and weight of all equipment, individually and cumulatively iv. Cost of installation, including labor and equipment v. Power source(s) vi. Expected life of equipment vii. Coverage area of equipment, including: a. Number of antennae b. Antenna model c. Antenna dimensions d. Remote radio units ("RRU") count and power e. Expected coverage radius viii. Call capacity of equipment, including: a. Total RRU b. Maximum bandwidth per RRU 3 c. Multiple input, multiple output("MIMO")per RRU d. Backhaul rate per RRU ix. Hardening information, including: a. Existence of battery backup, if any b. Fuel source for generator backup, if any c. Existence of multiple fiber paths to switch, if any x. Frequency proposed xi. Noise specifications d. For SWF equipment that will be publicly visible, a description of alternative designs, colors, and sizes available. These alternatives will be used to evaluate the aesthetic impact of the proposal so as to minimize the visibility of the SWF installation from residents, businesses, pedestrians, drivers, and others. e. Description of efforts that will be taken to comply with the Town's SWF and Similar Structures Guidelines attached hereto as Exhibit 1 and to otherwise minimize negative aesthetic impacts of the SWF installation. This description should include efforts to minimize size, match the color of the fixture on which the SWF is placed, place devices on existing structures, match the style of the fixture on which the SWF is placed, shroud the SWF and any antenna, and otherwise decrease the visibility of the SWF to those who might see it in the ordinary use of the surrounding area. Exceptions to the Guidelines may be made, in the reasonable discretion of the Board, where strict compliance is not technically or practically feasible. f. Description of precautions that will be taken to ensure public safety during installation, including traffic safety, sidewalk safety, use of barricades, use of police details, or any other measures to ensure the safety of pedestrians, motor vehicle traffic, and nearby structures. g. Photographs, renderings, and depiction of elevation of equipment to be installed. Renderings shall be to scale and shall include: right-of-way limits, existing wall�ways, driveways, streets, grass or tree areas, and fixtures such as hydrants, mailboxes, and utility boxes. Applicant shall submit detailed as-built drawings,photographs, renderings, and depiction of elevation of SWF equipment installed, identifying any deviations or changes from the proposed installation,prior to the Building Commissioner issuing permission to operate to the Applicant. h. Detailed map including locations of all equipment and all fixtures to which equipment will be attached. Data must include pole identification numbers, if applicable, and must be submitted in a format that can be integrated into ToWn GIS map. i. Detailed map including all existing and proposed SWF installations within 500 feet of the proposed SWF(s). j. Certification of registered professional engineer confirming structural integrity of the SWF and of any fixtures supporting or connected to proposed equipment. 4 k. Written consent of all owners of any fixtures supporting or connected to proposed equipment. l. Affidavit of Radio Frequency Engineer characterizing current coverage and impact of proposed installation(s). Affidavit should include map depicting coverage zones pursuant to standards of the Lexington Zoning Bylaw. m. Documentation of insurance, including workers' compensation coverage and comprehensive general liability coverage for all activities made necessary by the SWF(s). n. Written comparison of proposed location with similar alternative locations, including analysis of visual impact on the community and proximity to residential structures. o. Written description of efforts to co-locate equipment on existing structures, including explanation of inability to do so, if applicable. p. Affidavit of appropriate representative of the Applicant that Applicant will maintain SWF(s) in good repair and according to FCC standards, and that Applicant will remove any SWF in disrepair or disuse within 60 days of it being in such condition. q. Any SWF that remains installed for more than 60 days of disrepair or disuse may be subj ect to a $100 fine for each day they remain installed, pursuant to Section 1-6 of the Town of Lexington Town of Code. r. Copies of all required permits necessary to construct or install the SWF which is the subj ect of the application. s. Completed cover sheet as required by the Town. t. Surety in amount equal to the cost of installation on which the Town is obligee, in order to ensure Town's ability to remove the equipment, if necessary. 4. Annual Recertification a. No later than July 1 of each year, the Applicant or Applicant's designee shall submit an affidavit identifying each of Applicant's SWF locations within the Town. The affidavit shall certify that each SWF installation is covered by insurance as required by the Massachusetts Department of Transportation and either that the SWF installation remains in use or is scheduled for removal. The affidavit shall be accompanied by a $100 recertification fee for each installation. b. No applications will be accepted from Applicants who are delinquent in recertification or payment of fines and fees. 5 6 Exhibit 1 SWF and Similar Structures Guidelines An Applicant proposing to attach to a streetlight, utility pole, or other structure in the Town's public right of way shall comply with the folloWing design specifications: Pole location: 1) Applicants shall utilize existing pole locations. 2) Any new pole locations are prohibited unless approved through the grant of location process, or any other applicable legal requirement, for new poles. 3) SWF within a historic district location or along a scenic corridor may not utilize a top- mounted design. 4) SWF equipment and antennas shall be located on poles such that they do not fall within the horizontal plane defined by a 45 degree angle extending 50 feet from the center point of upper story windows, doors, balconies, and other openings. 5) No SWF shall be installed on a double pole, hazardous pole, or condemned pole or within 500 feet of an Applicant's double pole, hazardous pole, or condemned pole. 6) No SWF shall be installed before removal of any of the Applicant's equipment located within 500 feet of the proposed installation which has ceased to operate for more than 60 days. 7) No SWF equipment or antennas shall be installed suspended between poles. Under�round desi�n: 1) Radio equipment shall be placed in an underground vault in the pedestrian right of way. 2) The antennae shall be placed in a shroud at the top of a nearby pole. 3) Underground vaults shall be the minimum volume necessary to house SWF equipment. Application materials should explain why the proposed dimensions are required. 4) In no event shall vault dimensions exceed 5 feet 8-inches x 8 feet 2-inches x 5 feet 7-inches or 260 cu. ft., excluding space required for ventilation or sump pump equipment. Top-mounted desi�n 1) All SWF equipment shall be enclosed within a shroud at the top of the pole containing both radio and antenna equipment. 2) The diameter of the antenna and shroud shall not exceed 15" at their widest. 3) Top-mounted equipment shrouds shall not exceed 5.5 feet from the top of the pole or bayonet attachment, if one is used, and shall taper to meet the pole above the mast arm. Minimal sunshield desi�n Radio equipment shall be enclosed within one or two sunshields not exceeding 8 inches wide nor 0.75 cubic feet in volume each, mounted directly to the side of the pole. Sunshields shall be attached at least 12 feet above ground level. To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. 7 Existin=�_ge Radio equipment shall be attached to a pole behind existing signage under the following conditions: 1) Radio equipment shall be placed within a shroud that does not exceed the dimensions of the sign in height and width, nor 4 inches in depth, including any required mounting bracket. 2) In no event shall SWF equipment obscure or interfere with the visibility or functioning of the signage. 3) To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. SWF equipment and shrouds: 1) Antennae shall be the smallest antennae possible to achieve the coverage obj ective. 2) Except in the case of top-mounted designs, antennae shall not exceed 3 feet from the top of a streetlight pole or 5.5 feet from a wooden pole or bayonet attachment. 3) The associated "antenna skirt" shall taper to meet the pole above the mast arm. The diameter of the antenna and shroud shall not exceed 15" at their widest. 4) Bayonet attachments and equipment or antennae at the top of the shroud shall be covered by a single integrated shroud and"antenna skirt" that shall meet the pole without any gaps. All conduit shall be mounted flush to the pole. 5) All shrouds and equipment shall be painted to match Department of Public Works (DPW) standards or the existing pole, as applicable. Paint shall be maintained regularly and shrouds shall be repainted if necessary to match changes in the pole color over time. 6) All shrouds and equipment shall be designed without gaps between materials or sky visible between component surfaces. 7) Equipment that cannot propagate an adequate signal within the shrouding required by the standard designs shall be attached to a streetlight pole at a height of 2 feet below the light mast or higher, or, for wooden poles, on a cross arm or brace protruding from the pole to the minimum extent necessary to comply with safety standards. Each instance of such equipment shall not exceed 0.85 cu. ft. nor shall the total volume of such equipment and any shrouding exceed 2.6 cu. ft. per streetlight pole. Hei ht 1) Except for top-mounted designs,poles and all attachments will not exceed the height of similar surrounding poles by more than 3 feet. For top-mounted designs, poles and all attachments shall not exceed the height of the pole by more than 6 feet. 2) Replacement poles will conform to DPW style guidelines where the Town's DPW has adopted standards and will match the pole being replaced where no standards exist. For integrated pole designs, poles shall incorporate decorative elements (e.g. fluting, decorative mast arm and luminaire, etc.) from DPW standards or existing poles, as applicable. 3) For wood utility poles carrying power lines, replacement poles and pole-top bayonet attachments shall be the minimum height necessary to provide adequate and safe clearance between SWF equipment and power lines. 8 4) In no event shall the total height of a pole or replacement pole, including all SWF equipment, exceed 5 5 feet. Landscapin� and Trees 1) At the direction of the Tree Warden, the Applicant shall plant street trees to screen views of SWF equipment where the Tree Warden determines appropriate space exists. 2) Any existing landscaping removed or damaged by installation shall be replaced in kind. 3) All SWF must be installed in compliance with the Town's tree bylaw. 4) No trees shall be removed or have their root zones or protected zones impacted by installation. The protected zone shall be equal to one foot for each inch of the tree's diameter measured at 4' 6" from grade, or a minimum of fifteen feet(15'), whichever is greater. The protected zone shall be measured from the outside of the tree to protect root growth. 5) Tree "topping" or the improper pruning of trees is prohibited. Any proposed pruning must be noted in the application and must be approved by the Tree Warden. Curb clearances 1) If placed below 16' above ground level, attachments shall not be placed closer than 18" to the curb, nor shall they extend over the sidewalk. 2) SWF equipment must be at least 3' from a curb cut. Additional Desi�n Standards 1) All cabling shall be routed entirely within the pole or an attached shroud. 2) Safety signage shall be the smallest size possible to accomplish its purpose. 3) Power disconnects shall be placed in a vault near the base of the pole. 4) Except as provided in these standards, no SWF equipment cabinets may be placed at grade. 5) Light mast orientation, height, color temperature and other photometric information shall comply with Department of Public Works standards. SWF shall not be separately lighted. 6) No SWF installation shall impede, obstruct, violate, conflict with, hinder, or make unsafe any mode of travel over or access to any public street, bridge, tunnel, highway, lane, path, alley, sidewalk, or driveWay or hinder the operation or access to traffic signals, streetlights, or fire hydrants. 7) No SWF shall be installed with a fossil fueled backup generator. 8) SWF installed in residential zones shall use a passive cooling system. 9 Town of Lexington I � �m' '�;�ry Installation Policy Small Cell Wireless �°������������ The ToWn of Lexington(the"ToWn"),by and through its Select Board(the"Board")adopts this � Small Cell Wireless�����������;,�y����'�Installation Policy(the"Policy")regulating the placement of small cell wireless facilities("SWF"),including all related equipment and devices in order to address the demand for SWF and the Town's interests in health,welfare and safety,as well as the aesthetic character of the Town. This policy is subj ect to and intended to be consistent with the Federal Communications Commission("FCC")Order In the Matte�of Accele�ating Wi�eless B�oadband Deployment by Removing Bar��iers to InfYastYucture Investment,Declarato�y Ruling and Thi�d Repo�t and O�der(the"FCC Small Cell Wireless Order"),FCC WT Docket Nos. 17-79 and 17-84 (September 27,2018);47 U.S.C. §§253 and 332;M.G.L.c. 166, §§21 and 22; and other applicable laws and regulations. The terms used herein are defined consistent with the FCC Small Cell Wireless Order. The Select Board considered climate change,systemic racism and disabilities in its adoption of this Policy. , �� 1. Small Cell and Small Wireless Facilities�,��, �,,,�^,� SWF include those that meet the following conditions,consistent with Federal Communications Commission("FCC")criteria: l. SWF that: i. Are mounted on structures 50 feet or less in height including their antennas,or ii. Are mounted on existing structures no more than 10 percent taller than other adjacent structures,or iii. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent,whichever is greater; 2. Each antenna associated with the deployment,excluding associated antenna equipment,is no more than three cubic feet in volume; 3. All other wireless equipment associated with the structure,including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure,is no more than��,�cubic feet in volume; ,,- Commented[JM 1]:We reviewed several other communities that ranged from 17 c.f.to 28 c.f.and opted for 4. The SWF do not require antenna structure registration pursuant to FCC regulations; the smaller size to be less intrusi�e. If we found at some point that this created a problem it could be further reviewed. 5. The SWF are not located on Tribal lands,as defined under 36 CFR 800.16(x);and � 6. The SWF do not result in human exposure of ' ` ar�°������������ ����������������������,�����radiation in excess of the applicable safety standards specified in FCC regulations. {A0638426.2; I pp �"'„ Installation 2. A lication for n�,������ ',�';'�� � ' a. SWF inay only be installed or substantially altered subject to a permit from the Board in accordance With this Policy. Any replacement or alteration to an installation shall ����������� �a rova Re airs or ��� ����� pp ._ �J ,� Commented[JM2]:This makes it clear the Board may e su �ect to reapp ication, earing,an Boar ����::.��..�.�......������������..��..��...�.�.���������........��������:����������::..��...�����.�..... , ' ' ' ' ' ' ��� delegate this authority to a designee. replacements of existing installations with a substantially slmllar installation � ���,;� ���" �.����������� shall be exempt from this policy. � ����::���������m���.... ���'�.:::m�� ������ �:...m�m���,.... ����:��������. b. All SWF installations shall comply with all other Town Bylaws,and all other applicable laws and regulations. c. Applications shall be submitted in the form and number required by the Town I Manager,along with a$ ;III w, application fee for proposals of up to�ve _______,,- Commented[JM3]:In our discussion,we agreed that if installation locations. Each additional proposed installation is subject to an additional To�counsel re��eW or eng�neer�ng re��eW Was requ�ed � ����� � that we could easily have costs up to$1,000 per permit. This � .��, � . � �������� � �.�.. � � ������� ���� �����.. ��� �iii� ��� �9�9 �..�app lcatlon ee per lnsta atlon....�'�III�III.�. �������::���'��..:�������....��� m��.. �.... ���"�� .. _ could be re�iewed after a year. , �::��:1m����� �� ........................................................_-------------------------------------------------� Commented[JM4]: � d. Applicants are responsible for sending and publishing all required notices consistent Commented[�n�5�:we changea this from��annually��to ' "from time to time"so that its not required to be reviewed with G.L.c. 166,§§21-22 and any other lawful notice rules adopted by the Board or annually. its designee. Proof of notice must be submitted to the ToWn Manager with the completed application. e. The Building Commissioner or their designee shall make a determination as to the completeness of the application within ten(10)business days of receipt. If the application is incomplete,the Building Commissioner shall inform the � � � �'°,P ��'�:°:�����.:������: ����;���������u����„�:o t e unmet requirements ����.:ii����� ���:����� �����iu�������.�� ����.:����������.. � ��������������������m������� ����������.��� ���������m�������������.� ���� �� �����.�������m����� ����m������.������:m����� ����������������:������,,�� �:����� .... ... ... .... �.�... .... .... .... .... ...:���..� ... .... .... ... ... .... � ... .... , ... ... ����... � � ��„��� ������ ��������������,,,,,Any material amendment to an application shall be deemed__,,- Commented[JM6]:There is a shot clockfrom the FCC :�� ....������ to be a withdrawal and resubmission of the application for any determination of on the timeframe that a permit needs to be issued. we want to make clear that if an application isn't complete or does not � t11111rig ariC�C�eaC�llrieS. comply that every time it's sent back to the applicant,that the shot clock starts again. f. Upon determination that an application is complete,the Building Commissioner shall distribute copies of the Application to the following departments:Building, Engineering,Planning,Health,Police,Fire,Conservation,and any other entity as determined appropriate by the Town Manager. g. Departments shall review applications and may submit written comments to the Office of the Town Manager within fifteen(15)business days of the application's circulation. � � ���ar���������������shall schedule and hold a public hearing no later than 60 h. The Board���w������������������a. ..... ...................... .........���� ............... days after submission of the application for a SWF installation on an existing structure and no later than 90 days after submission of the application for a SWF installation involving a new structure. 2 . i. Following the public hearing,the Board��,�� ��������������,�=m����may grant,grant with conditions,or deny the application. The Board may additionally issue such other administrative orders as are lawful,including orders concerning public tivay safety, pole capacity,or compliance with other relevant laws. Implementation of the siting process shall not materially inhibit the��l-}�it������,�����:��:��.�,".��'��SWF or be unlawfully discriminatory to the ' �������;���������;;relative to similarly situated entities. j. Approval shall not be transferrable to other carriers,services,installations,or placement locations. The Board may allow transfer of a permit among entities only � in the event that ownership of a small cell�����3E���.� �is being transferred without any changes to the facility itself. In such situations,the parties engaged in the � transfer may petition the Board,which shall act on the petition Within�-9������days. k. The Board may waive particular terms and conditions where substantial compliance with this Policy is maintained in order to ensure avoidance of effective prohibitions as that term is understood by federal law. 3. Content of Applications �������.����m� �������� ����������������� ��,�� ����������°�m���� ���������u�����������m�� ���� ��.���������''"�'�"� �ar���:�������m�� ���.��,��,,. �,....� .... .. .... .... ... .... ... ... ... .....� ... .... .... .... ..... .... ....�� ...��... �� ' � . �������:.. ..,�. Commented[JM7]:This is meant to ensure the ���°����������m����:�:;����.�....����„��:m��������������������::�w,����� ����m;:������������ ���� ��m... ��� ��:!�; � ���:...�� ,-� subcontractors or third parties doing work on behalf of major No application shall be deemed complete unless it contains the following information: companies are included. .. ����ppi ° im ,. "" . i.,,I.. w,�, .,: i m.,�� .,,� "" ��,�o� i�...i im w°.,.. � „ �I �.i—,.�i�:ui.,. � �jj � °`�"� . �:� ������ii��� ����� ���������������� ��������� �����.������ ��� ���� ������" ����� �m������� ����.����� �� ��������m���������� ��,� ����;� .... .... ... .... .... .... .... .� .... .... .... .... �.�.. .... .... .... �... �.... .... .... � ....� ..... �.�����;''�����m���..� ��.�.."� ���..� ����:�:� 4 :.� ��������������:.���,� �������...����"�!.. ����. ,� Commented[JM8]:As per the previous comment,this ��:� ���� .�������,. �� ��. .. � °' , simply is meant to identify the parties involved. b. Point of contact name,address,telephone number,and email address ;!����� �;;�������;�,��m m�;������r �����;:�����.......�.�::.m.......���..�.�.��.�...�...�..��..�..�:m............�...�..�.:�:,��...�. c. Detailed drawings,with wet stamp/signature,and descriptions of the equipment to be installed,including: I � .... �����'�����.�����w�����������°��m���.������:��������,��; ���.��....�w��� �_����.�����,:�������..�'����.�"���°������_��:������: •.�:.�:...................................... Type of equipment ���,�,,,, Dimensions and weight of all equipment,individually and cumulatively ��, Cost of installation including labor and equipment .�:.......:�..:.................. � �' ��m Power source(s) ......'"............................. � ���:� Expected life of equipment �°"��';��,,� Coverage area of equipment,including: a. Number of antennae b. Antenna model c. Antenna dimensions d. Remote radio units("RRU")count and power 3 e. Expected coverage radius ,�w��� Call capacity of equipment,including: �... a. Total RRU b. Maximum bandwidth per RRU c. Multiple input,multiple output("MIMO")per RRU d. Backhaul rate per RRU �� Hardening information including: �.�.�'�:.:......... � a. Existence of battery backup,if any � ��������generator backup,if any • � �..�....�..�..:�:�:.�..�...�..."........�� �Q„ +����.��������_....�� �� ..��:�:,�������..�.� c. Existence of multiple fiber paths to switch,if any �` �� Frequency proposed ���.���:.::........................ I "���� .... �°��������������.����������������i����.������;���m�. d. For SWF equipment that will be publicly visible,a description of alternative designs, colors,and sizes available. These alternatives will be used to evaluate the aesthetic impact of the proposal so as to minimize the visibility of the SWF installation from residents,businesses,pedestrians,drivers,and others. e. Description of efforts that will be taken to comply with the Town's ��°�"«r;rv'�r�. �-i�ii-�',"�,��,�"�and Similar Structures Guidelines attached hereto as Exhibit 1 and to otherwise minimize negative aesthetic impacts of the SWF installation. This description should include efforts to minimize size,match the color of the fixture on which the SWF is placed,place devices on existing structures,match the style of the fixture on which the SWF is placed,shroud the SWF and any antenna,and otherwise decrease the visibility of the SWF to those who might see it in the ordinary use of the surrounding area. Exceptions to the Guidelines may be made,in the reasonable discretion of the Board,where strict compliance is not technically or practically feasible. f. Description of precautions that will be taken to ensure public safety during installation,including traffic safety,sidewall�safety,use of barricades,use of police details,or any other measures to ensure the safety of pedestrians,motor vehicle traffic,and nearby structures. g. Photographs,renderings,and depiction of elevation of equipment to be installed. Renderings shall be to scale and shall include:right-of-way limits,existing walkWays, driveways,streets,grass or tree areas,and fixtures such as hydrants,mailboxes,and utility b oxe s �:����� � � ��� �� , � �� � � �� � , � ��°�������u.���y��������,�u��������������.���������4. ��������iii�.... �����.. ���ui.;;,���m��:....� ���������....��.�� ;��ii�� �....� �����.�� ��4��`�.�������.��ry���,����.���`���.���i�m���"������:.�����'"����������I�:,�� �� �4��.������:�������;����������������� ������������'�,�"�����.���III.����" .... .... � .... .... �.... .... ... .. .... .... .... �,,. .� ... .... ... ..... ... ..�� �.. �,... ,������. ��� ��.�����',� �. � �:� �������.,� � � .�.� � � �.m������������m��'�� ���:���III��'���� ��"����� �.. �, � �����.:...�������� ����m.�.�����.� ����'�� , ��� �.. �� ��,�.u�������:����������II��`� ��������.���„���'..��������������II� ��:.��....��III��m.�����:m....��m�� �,��i��' ,., �� �� ,,,. ,-- Commented[JM9]:Asbuiltsaresothatwehavearecord of what was actually installed for future reviews. h. Detailed map including locations of all equipment and all fixtures to which equipment Will be attached. Data must include pole identification numbers,if applicable,and must be submitted in a format that can be integrated into Town GIS map. 4 i. Detailed map including all existing and proposed SWF installations within 500 feet of the proposed SWF(s). j. Certification of registered professional engineer confirming structural integrity of����;�,�° ��� �"�"�.��.m�w����,�"any fixtures supporting or connected to proposed equipment. k. Written consent of all owners of any fixtures supporting or connected to proposed equipment. l. Affidavit of Radio Frequency Engineer characterizing current coverage and impact of proposed installation(s). Affidavit should include map depicting coverage zones pursuant to standards of the Lexington Zoning Bylaw. m. Documentation of insurance,including workers' compensation coverage and comprehensive general liability coverage for all activities made necessary by the SWF(s). n. Written comparison of proposed location with similar alternative locations,including analysis of visual impact on the community and proximity to residential structures. o. Written description of efforts to co-locate equipment on existing structures,including explanation of inability to do so,if applicable. p. Affidavit of appropriate representative of the����E�������������������m�that �-�'��r�����������������',��i�����;will maintain SWF(s)in good repair and according to FCC standards,and that��c�����,�����������will remove any SWF in disrepair or disuse Within 60 days of it being in such condition. q. Any SWF that remains installed for more than 60 days of disrepair or disuse may be � subj ect to a$100 fine for each day they remain installed,pursuant to Section 1-6 of the Town of Lexington Town of Code. r. Copies of all required permits necessary to construct or install the SWF which is the subject of the application. � s. Completed cover sheet as�������������������.�.by�.������w���Town. t. Surety in amount equal to the cost of installation on which the Town is obligee,in order to ensure Town's ability to remove the equipment,if necessary. 4. Annual Recertification a. No later than July 1 of each year,the � �����;������������m��;or � ' �����'�������;������ designee shall submit an affidavit identifying each of���-�����¢'��,-,��" �����������������m�'������'��'"�������locations within the ToWn. The affidavit shall certify that each SWF installation is covered by insurance as required by the Massachusetts 5 Department of Transportation and either that the SWF installation remains in use or is scheduled for removal. The affidavit shall be accompanied by a$100 recertif�ication fee for each installation. � b. No applications Will be accepted from�t��.�������������m�����who are delinquent in recertification or payment of fines and fees. 6 Exhibit 1 I ' ' ' �„�'�u�f�ii�����'"and Similar Structures Guidelines � An���i-�����������,�������;m�,��;proposing to attach to a streetlight,utility pole,or other structure in the Town's public right of way shall comply with the folloWing design specifications: Pole location: 1 � ~ �������������m��shall utilize existin ' - ole locations. g p � Commented[JM 10]:The word"streetlight"was removed �.......................... - . le . 2 An new I o ) y p locations are prohibited unless approved through the grant of location process, sin�e most ofthese in LeXington would be on utility poles or any other applicable legal requirement,for new poles. and this would cover both. 3) SWF Within a historic district location or along a scenic corridor may not utilize a top- mounted design. 4) SWF equipment and antennas shall be located on poles such that they do not fall within the horizontal plane de�ned by a 45 degree angle extending 50 feet from the center point of upper story windows,doors,balconies,and other openings. �w;� No SWF shall be installed on a double pole,hazardous pole,or condemned pole ��,�� ���������ii����, ��..��� I��°�'� ������������.�����.�����������'����:'�������.���������������� .���������,���������:���������'����������������m ������:�m����:�,��m��������:���c������ ,- Commented JM11 :Weadded"A licant's"tothis .... ... .... .... � �.... .... .. ... �... �.... .... .... III ... ... .... ... .. ���.... ��_ I l pp ��...�� ��� .. . ���� � ���� . � ������ �� �� � � ���� ��� ,�� �,,.w . .�.,,, . ..,.,.�� ,. � ,,.��,. ,. .,.,..� � , ,� �� ,,.����� �:� .���, .� �� ���.: � ��.�...��,, sentence to ensure onl those com anies that owned a �� �'����������"��JII����� ���� �������.�����III I���i������m���,�������,����..��� �����r���i� ���m�.�� ���������� ������u���������� ����������,��� ������,�m���. y p �.,.� :-. ..... .... .... ... .... .... ... ... ..� ... ����.. .... .... � � .... .... ..� �... .... .... .... ... .... ��,, , � , � �� double,hazardous,or condemned poles were included,not �u�,.�'�� I��°�� '�W'� �����' '����.�'�����m��.����.� ����m������.�����'�� ��������.�.�����m������n'��'��I ���..�'��"����.��i����.�.���� �.;��I�U��'�"'���I�������� �, �� rd • . .... ... ,.... ....� �, ... ... ... ... .... ... ... ... ... � ... .... .. ... ... .... �: .._ 3 parties that are unrelated to the Applicant. �� '" u �'.v�� a ':'� u i"+ �.„i '� m u�� u'� i �,��i � ����� .... ����������������������.�����:�������.m�����m�,:� ��� �w;�����:���m���.��..�������:.�� ����:...������.������������.������m����������������rv������....������°��,,,. �, Commented[JM 12]:This is simply so that if equipment fails and is replaced that the failed equipment isn't left in Underground desi�n: place. 1) Radio equipment shall be placed in an underground vault in the pedestrian right of way. 2) The antennae shall be placed in a shroud at the top of a nearby pole. 3) Underground vaults shall be the minimum volume necessary to house SWF equipment. Application materials should explain why the proposed dimensions are required. 4) In no event shall vault dimensions exceed 5 feet 8-inches x 8 feet 2-inches x 5 feet 7-inches or 260 cu.ft.,excluding space required for ventilation or sump pump equipment. Top-mounted design � 1) All�������equipment shall be enclosed within a shroud at the top of the pole containing both radio and antenna equipment. 2) The diameter of the antenna and shroud shall not exceed 15"at their widest. 3) Top-mounted equipment shrouds shall not exceed 5.5 feet from the top of the pole or bayonet attachment,if one is used,and shall taper to meet the pole above the mast arm. Minimal sunshield desi�n Radio equipment shall be enclosed Within one or two sunshields not exceeding 8 inches wide nor 0.75 cubic feet in volume each,mounted directly to the side of the pole. Sunshields shall be attached at least 12 feet above ground level. To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. 7 Existin�si�na�e Radio equipment shall be attached to a pole behind existing signage under the folloWing conditions: 1) Radio equipment shall be placed within a shroud that does not exceed the dimensions of the sign in height and width,nor 4 inches in depth,including any required mounting bracket. 2) In no event shall SWF equipment obscure or interfere with the visibility or functioning of the signage. 3) To the extent separate antennae are required,antennae shall be placed in a shroud at the top of the pole. SWF equipment and shrouds: 1) Antennae shall be the smallest antennae possible to achieve the coverage obj ective. 2) Except in the case of top-mounted designs,antennae shall not exceed 3 feet from the top of a streetlight pole or 5.5 feet from a wooden pole or bayonet attachment. 3) The associated"antenna skirt"shall taper to meet the pole above the mast arm.The diameter of the antenna and shroud shall not exceed 15"at their widest. 4) Bayonet attachments and equipment or antennae at the top of the shroud shall be covered by a single integrated shroud and"antenna skirt"that shall meet the pole without any gaps. All conduit shall be mounted flush to the pole. 5) All shrouds and equipment shall be painted to match Department of Public Works(DPW) standards or the existing pole,as applicable. Paint shall be maintained regularly and shrouds shall be repainted if necessary to match changes in the pole color over time. 6) All shrouds and equipment shall be designed without gaps between materials or sky visible between component surfaces. 7) Equipment that cannot propagate an adequate signal within the shrouding required by the standard designs shall be attached to a streetlight pole at a height of 2 feet beloW the light mast or higher,or,for wooden poles,on a cross arm or brace protruding from the pole to the minimum extent necessary to comply with safety standards. Each instance of such equipment shall not exceed 0.85 cu.ft.nor shall the total volume of such equipment and any shrouding exceed 2.6 cu.ft.per streetlight pole. Hei�ht 1) Except for top-mounted designs,poles and all attachments will not exceed the height of similar surrounding poles by more than 3 feet. For top-mounted designs,poles and all attachments shall not exceed the height of the pole by more than 6 feet. 2) Replacement poles will conform to DPW style guidelines where the Town's DPW has adopted standards and will match the pole being replaced where no standards exist. For integrated pole designs,poles shall incorporate decorative elements(e.g.fluting,decorative mast arm and luminaire,etc.)from DPW standards or existing poles,as applicable. 3) For wood utility poles carrying poWer lines,replacement poles and pole-top bayonet attachments shall be the minimum height necessary to provide adequate and safe clearance between SWF equipment and power lines. 8 � 4) In no event shall the total height of a pole or replacement pole,including all�� �'����"equipment, exceed 55 feet. Landscapin�and Trees 1) At the direction of the Tree Warden,the Applicant shall :III:�.�������::street trees ` � ` i�l�������,��������views of SWF equipment where the Tree Warden determines appropriate space exists ` . 2) Any existing landscaping removed or damaged by installation shall be replaced in kind. 3) All SWF must be installed in compliance with the Town's tree bylaW. 4) No trees shall be removed or have their root zones or protected zones impacted by installation. The protected zone shall be equal to one foot for each inch of the tree's diameter measured at 4' 6"from grade,or a minimum of fifteen feet(15'),whichever is greater.The protected zone shall be measured from the outside of the tree to protect root growth. ,..,� ����„��� � �„�� m � „�� �.�����.,��` „u.0 ,. i�. �.:, , . ,i i(:m �.�. ,�u m�„ .,,iiii�' " „ ,. .. ,. . �� �i�::m . � ������ ��m����� ��� ��m� ���m����.����� ��������� ���� ������ ��� ���������..�������� ��m��, �m���������-�� v��������m�.��������.�.��� ... �.�.... �.... .... .... � ....� .....�. .... �.... .... .... �. .... .... .... ....�� � .... � ... „III: .... ��+... ... .... w��. �i����:. �' ..� � � � � ���ill��� ����i� � � �°"'��� �����'' �����'°�,�i�� ��°���`�_ ,,- Commented[JM13]:Requires any work on trees to be �����:��m ��...�,� ���:������:�������ii���ii���. � �����m��������.�..� . approved by the Tree Warden and prevents topping of trees. Curb clearances 1) If placed below 16' above ground level,attachments shall not be placed closer than 18"to the curb,nor shall they extend over the sidewalk. 2) SWF equipment must be at least 3'from a curb cut. Additional Desi�n Standards 1) All cabling shall be routed entirely within the pole or an attached shroud. 2) Safety signage shall be the smallest size possible to accomplish its purpose. 3) Power disconnects shall be placed in a vault near the base of the pole. � 4) Except as provided in these standards,no�� �'�equipment cabinets may be placed at grade. 5) Light mast orientation,height,color temperature and other photometric information shall I comply with�� � '� ������standards. ����ry���������m� ��,;:��� ���������� ���;� SWF shall not be separately lighted. ,,.,, � ,�. � � �- III� ` ,��,�� "�. H :,��� ,��� ��„� ,,w �. ���� � ,��� �,, """�. .� ."„ �,���� ,,� ,., ��,��� .�, ��y� u�"°""������� .... � ���������W���,��"� ... ... .... . �... .. � :.� �����II.�����....��W�� ���II������^..������m��������II���� � � ..�� ���.�� ����III���'..� �'��.,�����,����-�.� �������� ������ ���-�,.^����.� . .. � ,.,.., . .,. .� ,�� -.,,, .� .., � � , . � ,.�� ,.m �..„ ar.�.���.������w��� �:������:� ����,����,ar ����� �..�������,w������m���,��� �u��III...�����,��������� ���������w��,, ����.m.�m��� ��ar���=.m�,,,������.�;;��w �����.��� ������.ii�� ������.,,;;,u,,� .... .... .... .... .... .... .... .... .��... � .... .... ....r .... �� ...., .... �.... ��... ��...r ... ��.... �.... ..��.....�. � ,�u;:. �,.. ,.,,, ,'.,����. . .....,�. . .,. ����., �.,�� , ::'!�o;i � „� 'm,..,�., ...,.��� ce�m�:.::u ....,.....„ ., .���,.w,,..����.'I�r,„,i ,..,., � II,.',��,. �..w ,...,, .,��., �:::Irv� �����������w.����,���.�� �w��.:.���������.���������.�� ���,.ar���.����.����....�.��w�������,��.�m��.��....�.����.-����w��:�����.���..�����...����„��.����r���������������,�:����w���.�� ���.��: �.���� , � Commented[JM 14]:This is a public safety concern �:�.:: �.����������� ���. III therefore this sentence has been added. �� �����,;���,;��� ...'�"��...������...����� ��:;�������.�:.����� u�m��m.... . � �„ ���������;�4���:�m����i����� � �� I���.����� ��ui�� �� �� ��,�� i������ �:.�����ii�:. '���....��� ���'�����������.. ������..4���. �,�� ��� � �.����III..�,�I i�l�..�.,i.�� �...m �'��' .���......III����..�� ������'������... �����.... � ��u'��....����.... 9 Town of Lexington Small Cell Wireless Installation Polic_v The Town of Lexington (the "Town"), by and through its Select Board (the "Board") adopts this Small Cell Wireless Installation Policy(the "Policy") regulating the placement of small cell wireless facilities ("SWF"), including all related equipment and devices in order to address the demand for SWF and the Town's interests in health, welfare and safety, as well as the aesthetic character of the Town. This policy is subj ect to and intended to be consistent with the Federal Communications Commission ("FCC") Order In the Matte�of Accele�ating Wi�eless B�oadband Deployment by Removi�g Ba��ie�s to Inf�ast�uctu�e Investment, Decla�ato�y Ruling and Thi�d Repo�t and O�de�(the "FCC Small Cell`1Vireless Order"), FCC WT Docket Nos. 17-79 and 17-84 (September 27, 2018); 47 U.S.C. §§ 253 and 332; M.G.L. c. 166, §§ 21 and 22; and other applicable laws and regulations. The terms used herein are defined consistent with the FCC Small Cell Wireless Order. The Select Board considered climate change, systemic racism and disabilities in its adoption of this Policy. 1. Small Cell and Small Wireless Facilities SWF include those that meet the following conditions, consistent with Federal Communications Commission ("FCC") criteria: 1. SWF that: i. Are mounted on structures 50 feet or less in height including their antennas, or 11. Are mounted on existing structures no more than 10 percent taller than other adj acent structures, or iii. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; 2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; 3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume; 4. The SWF do not require antenna structure registration pursuant to FCC regulations; 5. The SWF are not located on Tribal lands, as defined under 36 CFR 800.16(x); and 6. The SWF do not result in human exposure of radiofrequency radiation in excess of the applicable safety standards specified in FCC regulations. {A0638426.2} 2. Application for Small Cell Installation a. SWF inay only be installed or substantially altered subj ect to a permit from the Board in accordance with this Policy. Any replacement or alteration to an installation shall be subj ect to reapplication, hearing, and Board approval. Repairs or replacements of existing installations with a substantially similar installation shall be exempt from this policy. b. All SWF installations shall cornply with all other Town Bylaws, and all other applicable laws and regulations. c. Applications shall be submitted in the form and number required by the Town Manager, along with a $500 application fee for proposals of up to five installation locations. Each additional proposed installation is subj ect to an additional $100 application fee per installation. d. Applicants are responsible for sending and publishing all required notices, consistent with G.L. c. 166, §§ 21-22 and any other lawful notice rules adopted by the Board or its designee. Proof of notice must be submitted to the Town Manager with the completed application. e. The Building Commissioner or their designee shall make a determination as to the completeness of the application within ten (10) business days of receipt. If the application is incomplete, the Building Commissioner shall inform the applicant of the unmet requirements. Any material amendment to an application shall be deemed to be a withdrawal and resubmission of the application for any determination of timing and deadlines. f. Upon determination that an application is complete, the Building Commissioner shall distribute copies of the Application to the following departments: Building, Engineering, Planning, Health, Police, Fire, Conservation, and any other entity as determined appropriate by the Town Manager. g. Departments shall revieW applications and may submit tivritten comments to the Office of the Town Manager within �fteen (15)business days of the application's circulation. h. The Board shall schedule and hold a public hearing no later than 60 days after submission of the application for a SWF installation on an existing structure and no later than 90 days after submission of the application for a SWF installation involving a new structure. i. Following the public hearing, the Board may grant, grant with conditions, or deny the application. The Board may additionally issue such other administrative orders as are lawful, including orders concerning public way safety,pole capacity, or compliance with other relevant laws. Implementation of the siting process shall not materially 2 inhibit the applicant's SWF or be unlawfully discriminatory to the applicant relative to similarly situated entities. j. Approval shall not be transferrable to other carriers, services, installations, or placement locations. The Board may allow transfer of a permit among entities only in the event that ownership of a small cell facility is being transferred without any changes to the facility itself. In such situations, the parties engaged in the transfer may petition the Board, Which shall act on the petition within 30 days. k. The Board may waive particular terms and conditions Where substantial compliance with this Policy is maintained in order to ensure avoidance of effective prohibitions as that term is understood by federal law. 3. Content of Applications No application shall be deemed complete unless it contains the following information: a. Name of applying entity. b. Point of contact name, address, telephone number, and email address. c. Detailed drawings, with wet stamp/signature, and descriptions of the equipment to be installed, including: ii. Type of equipment iii. Dimensions and weight of all equipment, individually and cumulatively iv. Cost of installation, including labor and equipment v. Power source(s) vi. Expected life of equipment vii. Coverage area of equipment, including: a. Number of antennae b. Antenna model c. Antenna dimensions d. Remote radio units ("RRU") count and potiver e. Expected coverage radius viii. Call capacity of equipment, including: a. Total RRU b. Maximum bandwidth per RRU c. Multiple input, multiple output("MIMO")per RRU d. Backhaul rate per RRU ix. Hardening information, including: a. Existence of battery backup, if any b. Existence of generator backup, if any c. Existence of multiple fiber paths to switch, if any x. Frequency proposed 3 d. For SWF equipment that will be publicly visible, a description of alternative designs, colors, and sizes available. These alternatives will be used to evaluate the aesthetic impact of the proposal so as to minimize the visibility of the SWF installation from residents, businesses, pedestrians, drivers, and others. e. Description of efforts that will be taken to comply with the Town's Small Wireless Facility and Similar Structures Guidelines attached hereto as Exhibit 1 and to otherwise minimize negative aesthetic impacts of the SWF installation. This description should include efforts to minimize size, match the color of the fixture on which the SWF is placed, place devices on existing structures, match the style of the fixture on which the SWF is placed, shroud the SWF and any antenna, and otherwise decrease the visibility of the SV�F to those who might see it in the ordinary use of the surrounding area. Exceptions to the Guidelines may be made, in the reasonable discretion of the Board, where strict compliance is not technically or practically feasible. f. Description of precautions that will be taken to ensure public safety during installation, including traffic safety, sidewalk safety, use of barricades, use of police details, or any other measures to ensure the safety of pedestrians, motor vehicle traffic, and nearby structures. g. Photographs, renderings, and depiction of elevation of equipment to be installed. Renderings shall be to scale and shall include: right-of-way limits, existing walkways, driveways, streets, grass or tree areas, and fixtures such as hydrants, mailboxes, and utility boxes. h. Detailed map including locations of all equipment and all fixtures to which equipment will be attached. Data must include pole identification numbers, if applicable, and must be submitted in a format that can be integrated into Town GIS map. i. Detailed map including all existing and proposed SWF installations within 500 feet of the proposed SWF(s). j. Certification of registered professional engineer confirming structural integrity of any fixtures supporting or connected to proposed equipment. k. Written consent of all owners of any fixtures supporting or connected to proposed equipment. l. Affidavit of Radio Frequency Engineer characterizing current coverage and impact of proposed installation(s). Affidavit should include map depicting coverage zones pursuant to standards of the Lexington Zoning Bylaw. m. Documentation of insurance, including workers' compensation coverage and comprehensive general liability coverage for all activities made necessary by the SWF(s). 4 n. Written comparison of proposed location with similar alternative locations, including analysis of visual impact on the community and proximity to residential structures. o. Written description of efforts to co-locate equipment on existing structures, including explanation of inability to do so, if applicable. p. Affidavit of appropriate representative of the applicant that applicant will maintain SWF(s) in good repair and according to FCC standards, and that applicant will remove any SWF in disrepair or disuse within 60 days of it being in such condition. q. Any SWF that remains installed for more than 60 days of disrepair or disuse may be subject to a $100 fine for each day they remain installed, pursuant to Section 1-6 of the ToWn of Lexington Town of Code. r. Copies of all required permits necessary to construct or install the SWF which is the subj ect of the application. s. Completed cover sheet as provided by Town. t. Surety in amount equal to the cost of installation on which the Town is obligee, in order to ensure Town's ability to remove the equipment, if necessary. 4. Annual Recerti�cation a. No later than July 1 of each year, the applicant or applicant's designee shall submit an affidavit identifying each of applicant's small cell locations within the Town. The affidavit shall certify that each SWF installation is covered by insurance as required by the Massachusetts Department of Transportation and either that the SWF installation remains in use or is scheduled for removal. The affidavit shall be accompanied by a $100 recertification fee for each installation. b. No applications will be accepted from entities who are delinquent in recertification or payment of fines and fees. 5 Exhibit 1 Small Wireless Facility and Similar Structures Guidelines An applicant proposing to attach to a streetlight, utility pole, or other structure in the Town's public right of way shall comply with the folloWing design specifications: Pole location: 1) Carriers shall utilize existing streetlight pole locations. 2) Any new pole locations are prohibited unless approved through the grant of location process, or any other applicable legal requirement, for new poles. 3) SWF within a historic district location or along a scenic corridor may not utilize a top- mounted design. 4) SWF equipment and antennas shall be located on poles such that they do not fall Within the horizontal plane defined by a 45 degree angle extending 50 feet from the center point of upper story windows, doors, balconies, and other openings. 5) No SWF shall be installed on a double pole, hazardous pole, or condemned pole. Under�round desi�n: 1) Radio equipment shall be placed in an underground vault in the pedestrian right of way. 2) The antennae shall be placed in a shroud at the top of a nearby pole. 3) Underground vaults shall be the minimum volume necessary to house SWF equipment. Application materials should explain why the proposed dimensions are required. 4) In no event shall vault dimensions exceed 5 feet 8-inches x 8 feet 2-inches x 5 feet 7-inches or 260 cu. ft., excluding space required for ventilation or sump pump equipment. Top-mounted desi�n 1) All equipment shall be enclosed within a shroud at the top of the pole containing both radio and antenna equipment. 2) The diameter of the antenna and shroud shall not exceed 15" at their widest. 3) Top-mounted equipment shrouds shall not exceed 5.5 feet from the top of the pole or bayonet attachment, if one is used, and shall taper to meet the pole above the mast arm. Minimal sunshield desi�n Radio equipment shall be enclosed within one or two sunshields not exceeding 8 inches wide nor 0.75 cubic feet in volume each, mounted directly to the side of the pole. Sunshields shall be attached at least 12 feet above ground level. To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. Existin��ge Radio equipment shall be attached to a pole behind existing signage under the following conditions: 6 1) Radio equipment shall be placed within a shroud that does not exceed the dimensions of the sign in height and width, nor 4 inches in depth, including any required mounting bracket. 2) In no event shall SWF equipment obscure or interfere with the visibility or functioning of the signage. 3) To the extent separate antennae are required, antennae shall be placed in a shroud at the top of the pole. SWF equipment and shrouds: 1) Antennae shall be the smallest antennae possible to achieve the coverage obj ective. 2) Except in the case of top-mounted designs, antennae shall not exceed 3 feet from the top of a streetlight pole or 5.5 feet from a wooden pole or bayonet attachment. 3) The associated "antenna skirt" shall taper to meet the pole above the mast arm. The diameter of the antenna and shroud shall not exceed 15" at their widest. 4) Bayonet attachments and equipment or antennae at the top of the shroud shall be covered by a single integrated shroud and"antenna skirt" that shall meet the pole without any gaps. All conduit shall be mounted flush to the pole. 5) All shrouds and equipment shall be painted to match Department of Public Works (DPW) standards or the existing pole, as applicable. Paint shall be maintained regularly and shrouds shall be repainted if necessary to match changes in the pole color over time. 6) All shrouds and equipment shall be designed without gaps between materials or sky visible between component surfaces. 7) Equipment that cannot propagate an adequate signal within the shrouding required by the standard designs shall be attached to a streetlight pole at a height of 2 feet below the light mast or higher, or, for wooden poles, on a cross arm or brace protruding from the pole to the minimum extent necessary to comply with safety standards. Each instance of such equipment shall not exceed 0.85 cu. ft. nor shall the total volume of such equipment and any shrouding exceed 2.6 cu. ft. per streetlight pole. Hei ht 1) Except for top-mounted designs,poles and all attachments will not exceed the height of similar surrounding poles by more than 3 feet. For top-mounted designs, poles and all attachments shall not exceed the height of the pole by more than 6 feet. 2) Replacement poles will conform to DPW style guidelines where the Town's DPW has adopted standards and will match the pole being replaced where no standards exist. For integrated pole designs, poles shall incorporate decorative elements (e.g. fluting, decorative mast arm and luminaire, etc.) from DPW standards or existing poles, as applicable. 3) For wood utility poles carrying power lines, replacement poles and pole-top bayonet attachments shall be the minimum height necessary to provide adequate and safe clearance between SWF equipment and poWer lines. 4) In no event shall the total height of a pole or replacement pole, including all equipment, exceed 5 5 feet. 7 Landscapin� and Trees 1) At the direction of the Tree Warden, the Applicant shall provide street trees and/or smaller amenity trees that interrupt direct views of SWF equipment where the Tree Warden determines appropriate space exists within 35 feet of the pole. 2) Any existing landscaping removed or damaged by installation shall be replaced in kind. 3) All SWF must be installed in compliance with the Town's tree bylaw. 4) No trees shall be removed or have their root zones or protected zones impacted by installation. The protected zone shall be equal to one foot for each inch of the tree's diameter measured at 4' 6" from grade, or a minimum of fifteen feet(15'), whichever is greater. The protected zone shall be measured from the outside of the tree to protect root growth. Curb clearances 1) If placed below 16' above ground level, attachments shall not be placed closer than 18" to the curb, nor shall they extend over the sidewalk. 2) SWF equipment must be at least 3' from a curb cut. Additional Desi�n Standards 1) All cabling shall be routed entirely within the pole or an attached shroud. 2) Safety signage shall be the smallest size possible to accomplish its purpose. 3) Power disconnects shall be placed in a vault near the base of the pole. 4) Except as provided in these standards, no equipment cabinets may be placed at grade. 5) Light mast orientation, height, color temperature and other photometric information shall comply with DPW standards. 6) SWF shall not be separately lighted. 8 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDAITEM TITLE: Special Town Meeting 2021-1 A1�1Cle POS1t1011S�D1SCL1SS1011 PRE E TER• ITEM S N . NUMBER: Board Discussion I.2 S UMMARY: T he S elec t B o ard will dis c us s S p ec ial To wn Meeting 2021-1 Artic le s and review p o s itio ns. https://www.le�ngtonma.gov/town-meeting/pages/special-town-meeting-2021-1 SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 11/18/2021 6:15pm ATTACHMENTS: Description Type � ��rv..�". IC�,(�:�,��,,,,�.��������,��:������������,�: ���:,�.�.����. 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This article is intended to provide relief to the many residents who expressed their concerns about disruptive noise and pollution from gas-powered leaf blowers. This article was originally brought to the 2021 Annual Town Meeting,but the Select Board requested that the Noise Advisory Committee conduct further outreach to the commercial landscaper community. On November 17, a simple amendment to Art 10 was proposed by the Noise Advisory Committee, in order to clarify the application of the proposed bylaw to the DPW. The Noise Advisory Committee and Select Board, in consultation, agreed that due to the late date clarification it was best to remove that portion of the motion and proceed only With the portion which would be taking effect this spring. The Noise Advisory Committee intends to continue to work on the remaining elements, and bring a new motion covering those elements to the Annual Town Meeting. The Select Board has 3 members in favor and 2 that are waiting.