Tower Ordinance

TOWN OF NORTHFIELD, NH

WIRELESS TELECOMMUNICATION ORDINANCE

INDEX

ARTICLE 1: INTENT

1.1       The Town of Northfield finds that specific regulation of the placement, spacing, installation and number of telecommunications facilities is in the public interest so as to conserve and enhance property values, to minimize the visual impact of such facilities upon the natural landscape and scenic vistas within the municipality, to minimize the number of towers and/or to reduce the height and visual impact of towers, and to avoid congestion in the location of such facilities.

1.2       In light of the Federal Telecommunications Act, the Town finds that regulation of wireless and personal telecommunications facilities, consistent with federal and state policies and law, to be in the public interest.

 ARTICLE 2: PURPOSE

2.1       To preserve the authority of the Town to regulate the siting of telecommunications facilities while facilitating the proper location of facilities to provide services to the community quickly, effectively, and efficiently.

2.2       To reduce adverse impacts such wireless telecommunications facilities may create, including, but not limited to, impacts on aesthetics, environmentally sensitive areas such as watersheds and rivers in Northfield, historically significant buildings and artifacts in the area, sunset view sheds, flight corridors, health and safety by injurious accidents to person and property, and protection of property values.

2.3       To encourage co-location and minimal impact siting options through an assessment of technology, current and future location options, innovative siting techniques, and siting possibilities beyond the political jurisdiction of the Town.

2.4       To permit the construction of new towers only where all other reasonable opportunities have been exhausted, and to encourage the users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas.

2.5       To require cooperation and co-location, to the greatestextent possible, between competitors in order to reduce cumulative negative impacts of multiple towers upon the Town.

2.6       To assure responsibility for adequate telecommunications maintenance and safety inspections for facilities.

2.7       To provide for the prompt, safe removal of abandoned facilities.

2.8       To provide for the removal or upgrade of facilities that are technologically outdated or economically obsolete.

2.9       To assure compliance with the State of New Hampshire regulations.

 ARTICLE 3: APPLICABILITY

3.2       Wireless telecommunications facilities shall be permitted within the Town only in accordance with this ordinance.  In the case of conflict with any other provisions of this ordinance or any Town ordinance or regulation, that provision imposing the more stringent standard shall apply.

3.1       This Ordinance applies to all construction and expansion of Telecommunication Facilities, except as provided below.

a.         The following are exempt from the provisions of this Article:

(1)       Emergency Telecommunication Facility. Temporary Telecommunication Facilities for emergency communications by public officials.

(2)       Amateur (ham) radio services. Amateur (ham) radio services licensed by the Federal Communications Commission (see RSA 674:16).

(3)       Parabolic (dish) antenna. Parabolic antenna that is accessory to a

residential use of property.

(4)       Maintenance, repair or reconstruction. Maintenance and repair of a Telecommunications Facility and related equipment, provided that there is no change in the height or any other dimension of the facility.

b.         Essential Services & Public Utilities.  Telecommunications facilities shall not be considered infrastructure, essential services, or public utilities, as defined or used elsewhere in the Town's ordinances and regulations. Siting for telecommunication facilities is a use of land  and is addressed by this Ordinance.

c.         Telecommunication Facilities shall be considered either a principal or a

secondary nonresidential use. Such facilities shall not be deemed an accessory

use. A different use or an existing structure on the same lot shall not preclude

the installation of an antenna or tower on such lot.

3.3  For purposes of determining whether the installation of a tower or antenna complies with this ordinance, including but not limited to setback requirements, lot coverage requirements, and other requirements, the dimension of the entire lot shall control, even though the antenna or tower may be located on a leased parcel with the lot.  Towers that are constructed and antennas that are installed strictly in accordance with this  ordinance shall not be deemed to constitute the expansion of a non conforming use or structure.  Wireless telecommunications facilities are excluded as an accessory use, but are not restrictive of duel use.

ARTICLE 4: DISTRICTS

4.1       Wireless Telecommunications Facilities will be permitted in the Town of Northfield according to Article 7, Table #1 of the Town of Northfield, New Hampshire ZoningOrdinance.

ARTICLE 5: GENERAL SITING STANDARDS

5.1       Location of facilities and use generally. Applicants seeking approval for

Telecommunication Facilities shall comply with the following general criteria:

(1)       If feasible, Telecommunication Facilities shall be located in or on existing structures, including but not limited to buildings, water towers, existing telecommunication facilities, utility poles and towers and related facilities, provided that such installation preserves the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. Licensed carriers shall share Telecommunication Facilities and sites where feasible and appropriate, thereby reducing the number of stand-alone Telecommunication Facilities within the Town of Northfield. All applications for Special Exception shall demonstrate a good faith effort to co-locate with other carriers. If an applicant does intend to co-locate or to permit co-location, the applicant shall provide drawings and studies to both the Planning Board and Zoning Board of Adjustment which show the ultimate appearance and extent of operation. If the Zoning Board of Adjustment approves co-location for a Telecommunication Facility, the decision shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the decision shall not require further approval from the Zoning Board of Adjustment. However, the addition of any facilities not specified in the Special Exception approval shall require a new approval.

(2)       If the applicant is proposing to build a new tower, the applicant shall submit written evidence demonstrating that no existing structure can accommodate the applicant's proposed antenna. This evidence can consist of

a.         Substantial Evidence that no existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.

b.         Substantial Evidence that existing towers are not of sufficient height to meet the applicant's engineering requirements, and why.

c.         Substantial Evidence that the existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

d.         Substantial Evidence that applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

e.         Substantial Evidence that the fees, costs, or contractual provisions required by the owner in order to share the existing tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

f.          Substantial Evidence that the applicant can demonstrate other limiting factors that render existing towers and structures unsuitable.

5.2       Historic buildings. Any Telecommunication Facility located on or within an

historic structure shall not alter the character defining features, distinctive

construction methods, or original materials of the building.

5.3       Sensitive natural resources. Specific natural resource characteristics as

maybe present throughout the Town of Northfield that are fundamentally

incompatible with new tower construction:

(1)       slopes of 25% or greater,

(2)       wetlands,

(3)       deer wintering habitat areas as inventoried by the NH Department of Fish and Game,

(4)       threatened, rare or endangered flora as determined by the NH Natural Heritage Inventory. Telecommunication Facilities shall be located and designed so as to avoid or mitigate impacts to the above referenced natural resources.

ARTICLE 6:

WIRELESS SERVICE FACILITIES USE REGULATIONS

6.1       Height, Existing Structures and Utility Poles.  Carriers that locate new wireless service facilities on water towers, electric transmission and distribution towers, utility poles and similar existing utility structures, guyed towers, lattice towers, masts and monopoles may be permitted to increase the height of those structures no more than twenty (20) feet.  This increase in height shall only be permitted once for each structure.

6.2       Height, Other Existing Structures.  The height of a wireless service facility shall not increase the height of a structure by more than ten (10) feet, unless the facility is completely camouflaged; for example, a facility completely within a flagpole, steeple, or chimney.  The increase in the height of the structure shall be in scale and proportion to the structures as originally configures.  A carrier may locate a wireless service facility on a building that is legally non conforming with respect to height, provided that the provisions of the Article are met.

6.3       Setbacks.  All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located.

6.4       Fall Zone for Ground Mounts.  In order to ensure public safety the minimum distance from the base of any ground mount of a wireless service facility to any property line, public road, dwelling, business or institutional use or public recreational area shall be, at a minimum, the distance equal to the fall zone, as defined in this Article.  The fall zone may cross property lines, so long as the applicant secures a fall zone easement from the affected property owner(s).  The area of the easement shall be shown on all applicable plans submitted to the Town, and the terms of the easement shall be provided as part of the site plan review.

6.5       Fall Zone for Non Ground Mounts.  In the event that an existing structure is proposed as a mount for a wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply.  In the case of pre existing non conforming structures, the equipment shelters of the wireless service facilities shall not increase any non conformity.

6.6       Camouflage for Facilities on Existing Buildings or Structures - Side Mounts.  If individual antenna panels are over five (5) square feet in surface area the panels shall be painted or shielded with material consistent with the design features and materials of the buildings.

6.7       Camouflage for Ground Mounted Facilities.  All ground mounted wireless service facilities shall be surrounded by a buffer of dense tree growth that extends continuously for a minimum distance of one hundred and fifty (150) feet from the mount, security barrier, or designate clear area for access to equipment, whichever is greatest, and screens views of the facility in all directions. These trees must exist on the subject property, planted on site, or be within a landscape easement on an adjoining site.  The Planning Board shall have the authority to decrease, relocate, or alter the required buffer based on site conditions.  The one hundred and fifty (150) foot vegetative buffer area shall be protected by a landscape easement or be within the area of the carrier’s lease.  The easement or lease shall specify that the trees within the buffer shall not be removed or topped, unless the trees are dead or dying and present a hazard to persons or property fencing and/or landscape buffer that is compatible with the neighborhood.  Removed trees shall be replaced.

6.8       The mounts of wireless service facilities shall be lighted only if required by the Federal Aviation Administration (FAA).

6.9       Foot candle measurements at the property line of wireless telecommunications facility shall be 0.0 initial foot candles above ambient lighting conditions at the site before wireless facility construction.

6.10    All signs shall comply with the Town Sign Ordinance, except signage required by state regulations.

6.11    Security Barrier.  The Planning Board shall have final authority on whether a ground mounted wireless service facility should be surrounded by a security barrier.

6.12    Driveways.  Existing entrances and driveways to serve a wireless service facility shall be utilized, unless the applicant can demonstrate that a new entrance and driveway will result in less visual, traffic and environmental impact.  New driveways to service a wireless service facility shall not exceed twelve (12) feet in width.  A paved surface may be required. 

6.13    Antenna Types.  Any antenna array placed upon an existing or proposed ground mount, utility pole or transmission line mount shall have a diameter of no more than four (4) feet, exclusive of the diameter of the mount.  The Planning Board may permit a larger diameter antenna array after a finding that the visual impacts of a larger antenna array are negligible.

6.14    Hazardous Waste.  No hazardous waste shall be discharged on the he site of any wireless service facility.  If any hazardous materials are to be used onsite, there shall be provisions for full containment of such materials.  An enclosed containment area shall be provided with a sealed floor designed to contain at lease one hundred and ten percent (110%) of the volume of the hazardous materials stored or used on the site.

6.15    Noise.  Wireless service facilities shall not generate noise in excess of that permitted under the Zoning Ordinance.

6.16    An applicant proposing to build a new tower shall execute an agreement that promotes maximum co location upon the new structure.  This agreement shall, at a minimum, require the applicant to supply available co location for reasonable fees and costs to other telecommunications providers.  Failure to provide such an agreement is evidence of the applicants’ unwillingness to cooperate with the orderly and well planned development of the Town and grounds for denial of the tower.

ARTICLE 7:

SPECIAL EXCEPTION REVIEW PROCEDURES

7.1       Application Requirements.   All telecommunications facilities must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate towers and antennas.   Applications for Special Exception shall include, at a minimum, the following additional information:

(1)       Written evidence that the proposed use/facility will comply with the FCC regulations regarding radio frequency exposure.

(2)       If subject to these regulations, provide written evidence that the proposed use/facility will meet the requirements of the National Environmental Policy Act and copies of any Environmental Assessment or Environmental Impact Statement produced in accordance with FCC or NEPA requirements.

(3)       An inventory of existing towers that are within the jurisdiction of the Town and those within two miles of the Town borders, including specific information about the location, height, design as well as economic and technical feasibility for co-location. Written evidence shall be presented that no existing structure can accommodate the applicant's proposed antenna in a manner that will achieve the required technical result.

(4)       Engineering information detailing the proposed size and coverage range together with the technical reasons for the facility design.

(5)       A description of the tree cover on the subject property and adjacent properties by dominant species and average height, as measured by or available from a verifiable source.

(6)       Representations, dimensioned to scale, of the proposed tower, antennas, equipment shelters including elevation drawings of all structures and the vegetative buffer.

(7)       A visual impact assessment including before-condition photographs and after-condition photographic simulations of the proposed facility showing what can be seen from any public viewpoint.

7.2       Criteria for Special Exception.  It shall be the burden of the applicant to provide sufficient evidence to persuade the Zoning Board of Adjustment that all applicable criteria of this ordinance have been met and that the proposal does not represent unreasonable adverse impacts. An applicant's failure to satisfy the burden of proof shall result in the denial of an application.

Additional factors considered in granting decisions:

(1)       Height of proposed tower or other structure.

(2)       Proximity of tower to residential development or zones.

(3)       Nature of uses on adjacent and nearby properties.

(4)       Surrounding topography.

(5)       Surrounding tree coverage and foliage.

(6)       Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.

(7)       Proposed ingress and egress to the site.

(8)       Availability of suitable existing towers and other structures as discussed in this ordinance.

(9)       Visual impacts on view sheds, ridge lines, and other impacts by means of tower location, tree and foliage clearing and placement of incidental structures.

(10)     Availability of alternative tower structures and alternative siting locations.

7.3       Outside Technical Review. The Zoning Board of Adjustment may retain a technical expert in the field of radio frequency engineering to review and verify technical claims made by the applicant including but not limited to the co-location findings, alternative locations and innovative design opportunities. The cost of such technical review shall be borne by the applicant.

7.4       Conditions. In approving an application for Special Exception, the Zoning       Board of Adjustment may impose such conditions as it deems appropriate to substantially secure the objectives, standards or requirements of this ordinance.

7.5       Site Plan Review by the Northfield Planning Board is required for any proposal which includes the construction of a new tower or the construction or expansion of an equipment shelter.

7.6       Joint meetings and public hearings between the Planning Board and Zoning Board of Adjustment may be held in accordance with the provisions of RSA 676:2.

ARTICLE 8: MONITORING AND MAINTENANCE

8.1       Maintenance.  The owner of the facility shall maintain the wireless service facility in good condition.  Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.

8.2       Monitoring.  As part of the issuance of the site plan approval or building permit, the property owners shall agree that the Town may enter the subject property to obtain RFR measurements and noise measurements at the expense of the carrier.  The Town shall provide reasonable written notice to the carrier and landowner and provides them the opportunity to accompany the Town representatives when the measurements are conducted.

8.3       Security for Removal.  Recognizing the hazardous situation presented by abandoned and unmonitored telecommunications facilities, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned telecommunications facilities in the event that a facility is abandoned and the facility owner is unwilling or unable to remove the facility.  The amount of the security shall be based upon the removal cost plus fifteen percent (15%) provided by the applicant and certified by a professional civil engineer licenses in New Hampshire. The owner of the facility shall provide the Planning Board with revised removal cost estimate and structural evaluation prepared by a professional civil engineer licensed in New Hampshire every five (5) years from the date of the Planning board’s approval of the site plan.  If the cost has increased more than fifteen percent (15%) then the owner of the facility shall provide additional security the amount of the increase.

ARTICLE 9:

ABANDONMENT OR DISCONTINUATION OF USE

9.1       Notification.  At such time that a carrier plans to abandon or discontinue operation of a wireless service facility, such carrier will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations.  Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that a carrier fails to give such notice, the wireless service facility shall be considered abandoned upon such discontinuation of operations.

9.2       Removal.  Upon abandonment or discontinuation of use, the owner of the facility shall physically remove the wireless service facility within ninety (90) days from the date of abandonment or discontinuation of use.  “Physically remove” shall include, but not be limited to:

a.         Removal of antennas, mount, equipment shelters and security barriers from the subject property.

b.         Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

c.         Restoring the location of the wireless service facility to its natural condition, except that any landscaping or grading shall remain in the after condition.

9.3       Failure to Remove.  If the owner of the facility does not remove the facility upon the Town’s order, then the Board of Selectmen, after holding public hearing with notice to the owner and abutters, shall issue a declaration of abandonment.  The owner of the facility shall dismantle and remove the facility within ninety (90) days of the receipt of the declaration of abandonment by the Board of Selectmen.  If the abandoned facility is not removed within ninety (90) days, the Town may execute the security to pay for this action.

ARTICLE 10: DEFINITIONS

Antenna.  The structure from which wireless radio signals are sent and/or received by a wireless service facility.           

Antenna Array.  A collection of antennas attached to a mount to send and receive radio signals.

Average Tree Canopy Height.  An average height found by inventorying the height at above ground level (AGL) of all trees over twenty (20) feet in height for a defined area.

Camouflaged.  A wireless service facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.

Carrier.  A company that provides wireless services also sometimes referred to as a provider.

Co-location.  The use of a single mount on the ground by more than one carrier (vertical co location) or the same carrier with multiple licenses, and/or the use of several mounts on an existing building or structure by more than one carrier or the same carrier with multiple licenses. 

Equipment Shelter.  An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which are housed equipment for wireless service facilities such as batteries and electrical equipment.  Equipment shelters are sometimes referred as base transceiver stations.

FAA.  Federal Aviation Administration

Facility.  See Wireless Service Facility.

Fall Zone.  The area on the ground from the base of a ground mounted wireless service facility that forms a circle with a diameter equal to the height of the facility, including any antennas or other appurtenances.  The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC.  Federal Communications Commission.

Guyed Tower.  A monopole or lattice tower that is secured to the ground or other surface by diagonal cables for lateral support.

Height.  The height above ground level (AGL) from the natural grade of a site to the highest point of a structure.

LatticeTower.  A type of mount with multiple legs and structural cross bracing between the legs that is self supporting and freestanding.

Mast.  A thin pole that resembles a streetlight standard or a telephone pole.  A dual polarized antenna is typically deployed on a mast.

Monopole.   A thicker type of mount than a mast that is self supporting with a single shaft of wood, steel or concrete, or other material, that is designed for the placement of antennas and arrays along the shaft.

Mount.  The structure of surface upon which antennas are mounted, including the following four types of mounts:

A.        Roof mounted.  Mounted on the roof of a building.

B.        Side mounted.  Mounted on the side of a building.

C.        Ground mounted.  Mounted on the ground.

E.        Structure mounted.  Mounted on a structure other than a building.

Planning Board.  The Town of Northfield Planning Board.

Pre existing towers and antennas.  Any tower or antenna lawfully constructed or permitted prior to the adoption of this ordinance.  Shall also mean any tower or antenna lawfully constructed in accordance with this ordinance.

Security Barrier.  A wall, fence, or berm that restricts an area from unauthorized entry or trespass.

Separation.  The distance between on carrier’s array of antennas and another carriers array.

Telecommunications Facilities.  “Telecommunications Facility” includes both:

A.        “Wireless telecommunications facilities” such as any structure, antenna, tower, or other device which provides commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio communications (SMR) , and personal communications service (PCS) and common carrier wireless exchange access services, and

B.        “Conventional telecommunications facilities” such as any telecommunications facility installed within, upon, or across a public right of way, including poles, wires, conduits, and similar equipment or property, whether installed above or below ground.