ARTICLE XXV25

SMALL CELL WIRELESS COMMUNICATION SYSTEMS

1.Purpose

Subject to the Federal Communications Commission (FCC) Order In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment Declaratory Ruling and Third Report and Order, FCC WT Docket Nos. 17-79 and 17-84, released September 27, 2018 ("FCC Small Cell Wireless Order"); 47 United States Code §§ 253 and 332;-M.G.L. c. 166, §§ 21-22 to t h e e x t e n t a p p l i c a b l e and subject to any other applicable p e r m i t t i n g a n d o t h e r laws, the Town of Canton ("Town") hereby adopts this By-Law (“By-Law") concerning Applications for Small Cell Wireless installations within the public right of way of the Town. For purposes of this By-Law, Small Cell Wireless installations and/or equipment shall include such equipment and ꞏrelated appurtenances and devices as are defined as Small Cell Wireless in the FCC Small Cell Wireless Order. Consistent with the foregoing, to the extent required by applicable law, it shall be the responsibility of the Select Board to review and act on Small Cell Wireless applications consistent with timetables set forth in the FCC Small Cell Wireless Order in a manner that does not effectively prohibit or materially inhibit Small Cell deployments and to the extent required by law be non-discriminatory with respect to similarly situated applicants. References herein to Small Cell Wireless or to Small Cells or similar terminology shall include any and small cell devices and associated equipment to the extent subject to the FCC's Small Cell Wireless Order.

2. Application Process

a. Applications or petitions ("applications") for placement of Small Cell Wireless in the Town's public ways shall be submitted to the Select Board through the Office of the Town Administrator accompanied by the application fee of $500 per application, payable to the Town of Canton. The $500 fee will cover up to 5 locations. Each application for more than 5 installations is subject to a separate application fee of $100 per application. If and to the extent any part of the application process or particular terms and conditions herein are deemed by the applicant to effectively prohibit or materially inhibit the applicant's ability to reasonably deploy its proposed system(s) the applicant shall include a separate

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statement in its application explaining the basis for its assertion of effective prohibition or material inhibition to enable Select Board review of such assertion.

b. The applicant shall pay for legal notice of the public hearing to local newspapers and abutters, as applicable. The applicant is responsible for obtaining the abutters list from the Town for each pole or other public way installation location within the application and is responsible for notice-giving to abutters in compliance with M.G.L. c. 166 §§ 21-22 and such other lawful notice rules, if any, as may be in effect or as may be adopted by the Select Board or their designee(s).

c. Ten (10) hard copies of the application and 1 (one) electronic copy of the application shall be submitted to the Office of the Town Administrator. No application will be accepted for review until all items listed in 3, below, have been submitted, and all fees and the costs of the abutters list are paid. d. Upon receipt, the Office of the Town Administrator shall: (1) date and time stamp the Application as received; and (2) make a determination as to completeness of the application and shall notify the Applicant, in writing, within 10 business days, if the application is incomplete. If the Applicant is notified that the application is incomplete, the time periods set forth in this By-Law shall be tolled, if and as consistent with the FCC Small Cell Wireless Order until such time as a complete application has been submitted.

e. The Office of the Town Administrator shall also circulate a copy of the application to the following departments for comment and review: Department of Public Works; Building; Engineering; Planning; Health; and, any other department the Town Administrator, in the Administrators sole discretion, determines. f. Written comments from the departments shall be submitted to the Office of the Town Administrator within 20 days of circulation of the application and shall be a part of the record of a hearing if and as may be required pursuant to M.G.L. c. 166, §§21- 22.

g. Once the application is deemed complete, and all comments have been received, the Select Board will schedule and hold a public hearing to consider the application, such that a determination may be made on any, application for an installation on an existing structure in a public way within 60 days of receipt of the application, and on a new structure in a public way, within 90 days of receipt of the application, subject to any such extensions of time being consistent with the FCC Small Cell Wireless Order.

h. To the extent consistent with the FCC Small Cell Wireless Order and applicable law, material changes to an application, as determined by the Select Board in its sole discretion, shall constitute basis for deeming the application a new application for the purposes of the time standards. Where a materially changed or new application is submitted, the prior application shall be deemed withdrawn.

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i. Upon completion of the hearing, the Select Board may grant, grant with conditions, or deny the application, based on inadequate capacity of the pole or mounting structure and safety concerns, reliability concerns or failure to meet applicable engineering standards with the foregoing being consistent with 47 U.S.C. §§ 253 and 332, the FCC Small Cell Wireless Order and other applicable law, and in furtherance of applicable electrical, building, construction and/or such other such codes as in effect in the Commonwealth of Massachusetts. Implementation of the siting process shall not materially inhibit the applicant's small cell wireless deployments or be unlawfully discriminatory to the applicant relative to similarly situated small cell wireless systems. j. To address lawful aesthetic and location interests of the Town and its residents, applicants shall in their applications disclose whether they make available:

i) multiple hardware, design and aesthetic options for reducing the size and visibility of the small cell hardware and/or

ii) multiple color and other aesthetic features and options that may facilitate the municipality and the Small Cell Wireless provider finding options responsive to local needs.

k. Applicant shall state in its application if, when and how it is available to voluntarily meet with the Town Engineer, the Superintendent of Public Works and/or a designee of the Select Board to discuss size, color, concealment and other design options, if any, and to discuss other Town information needs, if any.

l. Any approval granted to an applicant shall be only for the specific applicant and application. Any change in the name/carrier or sistered service provided by another carrier or small cell wireless location will require a new application and approval from the Town.

3. Content of Applications

Applications shall include the following information:

a. Applicant's name, address, telephone number and email address.

b. Names, addresses, telephone numbers, and email addresses of persons acting on behalf of the Applicant with respect to the application including designation of a lead person for Town information gathering concerning Applicant's proposal(s) and possible grant of location orders, and/or other authorizations, licenses and/or right-of-way use agreements to the extent applicable and other matters arising hereunder; the name of the applicant’s emergency-related work by Town or other companies with infrastructure in the public way/ the name of applicant’s construction manager to be liaison to Town in the event of a grant of location or authorization to applicant to deploy Small Cell Devices in the public ways of the Town. 215

c. Photographs of the equipment proposed for installation and reasonably detailed drawings with height and customary technical specifications and narrative descriptions of the equipment proposed to be installed, whether mounted on poles or on the ground, or otherwise, including:

i.Type of equipment

ii. Descriptions and specifications of equipment (including but not limited to dimensions and weight)

iii. Equipment mount type and material

iv. Power source or sources for equipment, including necessary wires, cables, and conduit

v. Expected life of equipment

vi . For informational purposes coverage area of equipment, including:

1.Number of antennas and other quantifiable devices

2. Antenna and device models

3. Antenna and device length

4. RRU count and power

5. Antenna and device dimensions including cubic feet data

6. Typical coverage area radius

vii. For informational purposes, call capacity of equipment, including:

1 .Total RRUs

2. Max bandwidth per RRU

3. MIMO per RRU

4.Backhaul rate per RRU

viii. Hardening and fiber cable information, including:

1. If there is battery backup

2. If there is generator backup

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3. If there are fibers or cables interconnecting Small Cell Wireless and their proposed routes and whether there are multiple fibers or cable paths within a proposed route.

ix. Rendering and elevation of equipment on the proposed site(s)

x. Disclosure and identification of any known property and/or personal injuries, hazards and/or risks associated with the equipment or that have been the subject of complaints or legal challenges by local, state and/or federal officials, abutters, pole and/or conduit owners and/or pole/conduit attachers.

d. Detailed drawing depicting both existing and proposed conditions within 25- feet of the proposed work. Drawing shall be to scale and shall include the following information:

1.Right-of-way limits

2.Existing walkways, accessible ramps, driveway openings, side streets, hydrants, fire pull boxes, curbing, grassed strips, street trees, mailboxes, stone walls, trees with a diameter greater than eight inches, utility gate boxes and all Town-owned sub-surface utilities.

3.Proposed location of proposed equipment including all wiring, appurtenances and proposed location of screening/concealment.

4. A statement from a qualified person stating that sight line distances available to existing driveways and side streets will be maintained post construction.

5.A statement from a qualified person stating that Americans with Disability Act (“ADA”) accessibility will be maintained and if not currently ADA compliant, the installation of equipment will make the project area no more non compliant.

e. Map with locations of the poles or other facility on which equipment is to be located, including specific pole identification number, if applicable, and the areas it will service.

f. Detailed map showing existing and proposed small cell installations within 500 feet of the Application site.

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g. Certification by a registered professional engineer that the pole/or location will safely support the proposed equipment and otherwise comply with applicable codes.

h. Location of all equipment shall be marked out with flagging and paint at the time of application.

i. Written consent of the pole or facility owner to the installation. If a new pole is being created, detail any sightline impacts.

j. Insurance certificate and a statement from the applicant as to whether if granted locations in the public ways it will maintain insurance naming the Town as an additional insured and not as a certificate holder and shall annually provide the Town a certificate of insurance showing the Town so named as an additional insured and such insurance shall be in amounts not less than the coverages currently maintained by the Town of Canton and not less than applicant's insurance in effect in other comparably sized Massachusetts towns, if any.

k. Description as to why the desired location is superior to other similar locations, from a community perspective, including:

i. Visual aspects- stealth/concealment components required in most cases

ii.Proximity to residences.

m. Description of efforts to co-locate the equipment on existing structures, poles, or towers which currently exist or are under construction. A good faith effort to co- locate, if technically feasible, is required as is evidence of efforts toward minimizing visual impacts, and evidence of such efforts must be included within the application.

n. Copy of FCC frequency license(s)

o. An Affidavit or certified statement (hereinafter “affidavit”) from the applicant which certifies that it will maintain the installations in good repair and according to FCC standards and applicable law and codes, and will remove any installation not in such good repair, or not in use, within 60 days of being no longer in good repair or no longer in use.

p. A list of other municipalities that have issued 1) grant of location orders for small cell wireless, other forms of authorization if applicable and/or other approvals to applicant f o r s m a l l c e l l w i r e l e s s and 2) that have entered small cell wireless license agreements or similar right-of-way usage agreements with applicant; and copies of the five most recent small cell wireless grant of location orders, authorizations and/or other approvals and license agreements issued by Massachusetts municipalities to applicant.

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q. A description of applicant's policies and current practices regarding agreeing to terms and conditions requiring performance bond running to the Town and an indemnification clause providing for applicant's indemnification of Town costs, if any, that might arise from its acts and omissions in installing, building, operating and/or maintaining its small cell devices and associated equipment within the Town.

r. For informational purposes and not in connection with criteria for review of the application, please describe the services to be provided including whether the applicant is proposing to provide services to other telecommunications, broadband or cable television companies in the Town or to directly sell or transmit services to residential and business customers located in the Town; and including a statement as to whether the applicant is planning to sell multi channel video programming to subscribers in the Town.

4. Design Guidelines

If and to the extent any part of this Design G u i d e l i n e S e c t i o n o r t h e f o l l o w i n g Placement Guidelines Section are deemed by the applicant to effectively prohibit or materially inhibit the applicant's ability to reasonably deploy its proposed system(s) the applicant shall include a separate statement in its application explaining the basis for its assertion of effective prohibition or material inhibition to enable S e l e c t Board review of such assertion. See paragraph j. below regarding openness to application of alternative standards if and as necessary.

a. Preference is to co-locate on existing utility poles, secondary preference for vehicular street light poles (not pedestrian-scale or historic style street lights), with last preference for a freestanding pole. Small wireless facilities are not permitted on traffic signal poles unless denial of the siting could be a prohibition or effective prohibition of the applicant's ability to provide telecommunications service.

b. If freestanding pole is created, design shall match aesthetics of existing streetlights installed adjacent to the pole or of existing streetlights most proximate to the pole. c. The small cell components shall be sized to be visually pleasing. For example, the transition between the equipment cabinet and the upper pole shall be considered. A decorative transition shall where feasible be installed over the equipment cabinet, or decorative base cover shall be installed where feasible to match the equipment cabinet size. d. Hardware connections shall be hidden from view to the maximum practicable extent. In general, ground mounted equipment is to be avoided, and placed underground unless the applicant can demonstrate that pole-mounted or underground equipment is technically infeasible. If ground-mounted equipment 219

is necessary, then applicant shall comply with other element requirements of this section and the Town's regulations and bylaws. No horizontal flat spaces greater than 1.5 inches shall existing on the equipment cabinet to prevent cups, trash, and other objects from being placed on the equipment cabinet. Each pole component shall be architecturally compatible to create a cohesive aesthetic.

e. If fans are required, fan(s) shall not emit noise greater than 30dBa at one meter (3.28 feet). In no case shall fan(s) exceed noise performance standards in applicable zoning bylaws if any (Zoning Bylaw Section 6.7.3)

f. Antenna and pole attachment shall be shrouded to the maximum extent practicable. Antenna shroud shall be colored to match or substantially match pole.

g. If required by the Federal Communications Commission, radio frequency warning labels shall be mounted exterior to the pole.

h. A 4”x6" (max) plate with the Carrier's name, location, identifying information, and emergency telephone number shall be permanently fixed to the pole. No other signage, message, or identification is allowed to be portrayed on any antenna or equipment enclosure.

i. No artificial lights other than those required by law or other applicable authority shall be permitted. All lights shall be down-shielded, and installed to be consistent with Town zoning bylaws if and to the extent addressed in the Town's zoning By-Laws (Section 6.7.2) j. These design standards are intended to be used solely for the purpose of promoting reasonable concealment and siting in furtherance of Town maintenance of the infrastructure and aesthetics in the public ways. Nothing herein shall be interpreted or applied in a manner which dictates the use of a particular technology. When strict application of these requirements would unreasonably impair the function of the technology chosen by the applicant, alternative forms of concealment or deployment may be permitted which provide similar or greater protections from negative visual impacts to the streetscape. k. No ground equipment shall be placed within five (5) feet of Town-owned subsurface utilities without the written consent of the Superintendent of Public Works.

5. Placement

a. The preferred location of a small wireless facility on a pole is the location within the pole area available for use and with the least visible impact consistent with applicable electrical and other codes governing applicant's operations and installations.

b. The Town may consider the cumulative visual effects of small wireless facilities mounted on poles within the rights-of-way when assessing proposed 220

siting locations so as to not adversely affect the visual character of the Town. This provision shall neither be applied to limit the number of permits issued when no alternative sites are reasonably available nor to impose a technological requirement on the applicant. c. Preference is to locate in the public right-of-way rather than outside the public right-of-way. d. P l a c e m e n t m ust be created in a manner that does not impede, obstruct, or hinder pedestrian or vehicular travel, including snow removal.

e. New installations are not be located along the frontage of a historic building registered as a historic site on a federal, state, or local level.

f. Additional reasonable and feasible aesthetic and shrouding conditions may be required in the central business district, historic district, or along scenic ways.

g. Installations, including proposed methods of concealment shall not reduce driveway stopping sight distance and intersection sight distances below AASHTO guidelines

h. Small cells shall be located such that they in no way impede, obstruct, or hinder the usual pedestrian or vehicular travel, affect public safety, obstruct the legal access to or use of the public ROW, violate applicable law, violate or conflict with public ROW design standards, specifications, violate the Federal Americans with Disabilities Act, or in any way create a risk to public health, safety, or welfare.

i. Small cell wireless facilities are to be located at the intersection of property lines, or along secondary property street facing where feasible. j. When poles are located adjacent to a commercial establishment, such as a shop or restaurant, care is be taken to locate the small cell such that it does not negatively impact the business, e.g. in front of store front windows, e ntrances/exists, or by being placed in a way that would impede a delivery to the building. Small cell facilities are to be located between properties if and to the extent feasible. k. Small cell wireless facilities shall be located within the street amenity zone whenever possible, within the ROW, and off set from the sidewalk. l. Small cell wireless facilities shall be aligned with existing trees, utility poles, and streetlights where feasible. m. Small cell wireless facilities shall be placed at an equal or substantially equal distance between trees when possible with a minimum 15 foot separate such that no proposed disturbance shall occur within the critical root zone of any tree.

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n. Small cell wireless facilities shall be placed an appropriate clearance from existing utilities. o. Small cell wireless facilities shall be placed outside of the 20-foot equipment clear zone or 30-foot clear sight triangle at intersection corners.

p. Small cell wireless facilities shall be placed 10 feet away from the triangle extension of an alley way flare.

q. Small Cell wireless facilities shall not be located within 100 feet of the apron of a fire station or other adjacent emergency service facility.

r. The placement requirements above do not apply for locations on existing streetlights and utility pole locations.

s. New poles in the rights-of-way for small wireless facilities and installations along Washington Street in the Town Center between Neponset Street and Sherman Street are only permitted if the applicant can establish that:

i. The proposed small wireless facility cannot be located on an existing utility or light pole on a nearby side street, or on a site outside of the public rights-of-way such as a public park, public property, building, transmission tower or in or on a nonresidential use, whether by roof or panel mount or separate structure;

ii. The proposed small wireless facility received approval from the Select Board for a concealment element design.

6. Annual Re-Certification and Affidavit.

a. Each year on July 1 the equipment owner shall submit an affidavit which shall list, by location, all small cell wireless installations it owns within the Town of Canton by location, and shall certify: (1) each such installation that remains in use; (2) that such in use installations remain covered by insurance; and (3) each such installation which is no longer in use.

b. The equipment owner shall pay an annual re-certification fee of $270 per installation which remains in use or which remains installed in the public way prior to removal in accordance with clause c. of this Section 6.

c. Any small cell wireless installation which is no longer in use shall be removed by the owner within 60 days of receipt of the annual re-certification affidavit, at the owner's expense.

d. Any small cell wireless installation which is not removed within 60 days after being listed as no longer in use in the annual re-certification affidavit shall be subject to a non criminal penalty pursuant to M. G. L. chapter 41, section 22D of $100/day until such installation is removed. The enforcing person shall be 222

any Police Officer from the Canton Police Department or the Town Administrator or the Administrator’s designee.

e. Where such annual re-certification has not been timely submitted, or equipment no longer in use has not been removed within the required 60-day period, no further applications for small cell wireless installations will be accepted by the Town until such time as the annual re-certification has been submitted and all fees, non criminal penalties, if any, are paid.

7. Miscellaneous Regulations.

a. In furtherance of the Town's interest in facilitating removal of double poles, new small cell wireless installations and associated devices shall not be installed on double poles prospectively as of the effective date hereof.

b. No small cell wireless installation shall be installed in such a manner or way that violates applicable ADA requirements, if any.

c. No small cell wireless installations shall remain within the Town rights of way if they have not been certified as in use in the annual re- certification affidavit filed under 3(a) above and shall be removed not later than 60 days after being listed as no longer in use in the annual re-certification.

d. No small cell wireless installation equipment shall be replaced or altered without a re-application, hearing, and approval from the Select Board unless the equipment is no longer properly functioning or otherwise needs replacement and it is being replaced with the same or substantially similar equipment.

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