ARTICLE 14
TELECOMMUNICATIONS EQUIPMENT AND FACILITIES
14.1 FINDINGS AND INTENT
A. The Town of Canterbury 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.
B. The Town hereby states its intent not to discriminate against or favor providers of telecommunications facilities and services.
C. The Town also finds that regulation of wireless and personal telecommunications facilities, consistent with federal and state policies and law, is in the public interest.
D. The purposes of this article are as follows:
1. To preserve the authority of the Town to regulate the siting of telecommunications facilities while facilitating the proper location of facilities to provide such services to the community quickly, effectively, and efficiently.
2. To reduce adverse impacts such facilities may create, including, but not limited to, impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, health and safety by injurious accidents to person and property, and prosperity through protection of property values.
3. To encourage collocation and minimal impact siting options through an assessment of technology, current locational options, future available locations, innovative siting techniques, and siting possibilities beyond the political jurisdiction of the Town.
1. 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.
5. To require cooperation and collocation, to the highest extent possible, between competitors in order to reduce cumulative negative impacts upon the Town.
6. To assure responsibility for adequate telecommunications maintenance and safety inspections for facilities.
7. To provide for the prompt, safe removal of abandoned facilities.
8. To provide for the removal or upgrade of facilities that are technologically outdated.
14.2 DEFINITIONS. In this article:
A. "Act" means the federal laws governing telecommunications facilities, as amended, including the Telecommunications Act of 1996, and FCC regulations thereunder.
B. "Alternative tower structure" means an innovative siting technique or structure, such as man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
C. "Antenna" means any exterior apparatus designed for telephonic, radio, television, personal communications service (PCS), pager network, or any other communications through the sending and/or receiving of electromagnetic waves of any bandwidth.
D. "FAA" means the Federal Aviation Administration.
E. "Height," when referring to a tower or other structure, means the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.
G. "Preexisting tower or antenna" means any tower or antenna lawfully constructed or permitted prior to the adoption of this article (March 13, 1998).
H. "Telecommunications Facility" includes both:
1. "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
2. "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.
I. "Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
SUBDIVISION 1 (Sections 14.3 to 14.11)
WIRELESS TELECOMMUNICATION FACILITIES
14.3 GENERAL SITING STANDARDS AND POLICIES. Wireless telecommunications facilities shall be permitted within the Town only in accordance with this ordinance, this article and the specific provisions of this subdivision (Sections 14.3 to 14.11). 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.
14.4 GENERAL PROVISIONS.
A. Wireless telecommunications facilities may be allowed as primary or secondary uses, either as permitted uses or by conditional use permit issued in accordance with Section 14.7. In any case, however, the facility must conform to all other applicable ordinances and regulations, and must be approved by the Planning Board through site plan review. If allowed by the Planning Board, an applicant may seek to combine conditional permit review with site plan review.
B . When allowed by this ordinance, and after approval by the Planning Board, a wireless telecommunications facility may be placed upon a property as a primary or secondary use of the property on which it is located. A different primary use of the property shall not preclude the use of the property for an antenna or tower, provided that the Planning Board approves such use as a conditional use under Section 14.7. Any other wireless telecommunications structure or facility shall be allowed only by conditional use permit in accordance with Section 14.7.
C. For purposes of determining whether the installation of a tower or antenna complies with this ordinance, including but not limited to set-requirements, lot-coverage requirements, and other requirements, the dimensions of the entire lot shall control, even though the antenna or tower may be located on a leased parcel within 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 nonconforming use or structure. Wireless telecommunications facilities shall not be deemed to be an "accessory use."
14.5. ZONING DISTRICT REQUIREMENTS.
A. Wireless telecommunications towers and antennas may be located within the Town only in accordance with the following table:
Zoning District New Tower Collocation on Collocation
Construction Existing Tower on Existing
Structure _________________________________________________________
Rural Not allowed P CUP
Residential Not allowed CUP CUP
Historic (Center Not allowed Not allowed CUP
and Shaker)
Agricultural/ Not allowed CUP CUP
Conservation
Commercial CUP P P
Industrial CUP P P
Resource Res.Nat. Not allowed Not allowed CUP
Notes:
"P" means permitted without a conditional use permit, but site plan review still required, and subject to any restrictions on existing tower or structure.
"CUP" means allowed only by conditional use permit issued under Section 14.7, and site plan review also required.
"New Tower Construction" permits construction of a tower for one or more antennas, as allowed in the permit issued by the Planning Board.
"Collocation on existing tower" permits additions of antenna(s) to an existing telecommunications tower in the manner permitted in the conditional use permit or site plan review as appropriate.
"Collocation on existing structure" permits the placement of an antenna on an existing structure other than a telecommunications tower in the manner permitted in the conditional use permit or site plan review as appropriate.
B. Wireless telecommunications structures other than towers and allowed amenities may be located on property only in conformity with the use and dimensional requirements otherwise applicable to the property.
C. Where allowed and as approved in site plan review, a telecommunications tower may include reasonable minor, accessory amenities, such as one storage building not to exceed 100 square feet and a parking area not to exceed 200 square feet (only with a surface approved by the Planning Board).
D. The maximum height for any telecommunications tower or support for an antenna shall be 180 feet. Any height limit imposed may be decreased or increased by the Planning Board by approval of a conditional use permit if the Board affirmatively finds the intent of the ordinance will be preserved, and where the Board finds that a modification is reasonably necessary and appropriate to further the purposes of this article.
14.6. APPLICABILITY.
A. PUBLIC PROPERTY. Antennas or towers located on property owned, leased, or otherwise controlled by the Town may be exempt from the permit requirements of this article, except that such uses are permitted only in the commercial and industrial zones. This partial exemption shall be available if a license or lease authorizing such antenna or tower has been approved by the Board of Selectmen. The entity which will use or operate the tower or antenna shall be required to obtain site plan approval therefor.
B. AMATEUR RADIO; RECEIVE-ONLY ANTENNAS. In accordance with RSA 674:16, IV, this article shall not apply to any tower, or the
installation of any antenna that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator and is used exclusively for receive-only antennas.
C. ESSENTIAL SERVICES AND PUBLIC UTILITIES. Telecom-munications facilities shall not be considered infrastructure, essential services, or public utilities, as defined or used elsewhere in this ordinance or any other Town ordinance or regulation. Siting for telecommunication facilities constitutes a use of land and is regulated by this article.
14.7. CONDITIONAL USE PERMITS AND SITE PLAN REVIEW; CRITERIA; CONSTRUCTION AND PERFORMANCE STANDARDS.
A. In acting upon a conditional use permit, or in applying its site plan review regulations to a wireless telecommunication facility, the Planning Board shall apply and utilize the criteria and standards set forth in this section, in addition to such other standards and criteria as it may establish. The Planning Board may waive one or more of these requirements, in accordance with Section 14.11, only if it determines that the goals of this article are served thereby.
B. AESTHETICS AND LIGHTING.
1. Towers shall have a galvanized steel finish, subject to any applicable FAA standards, or shall be painted a neutral color so as to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities with the natural setting and built environment.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
4. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
5. Towers shall not contain any permanent or temporary signs, writing, symbols, or any graphic representation of any kind, except as allowed by the Planning Board in the interests of public safety.
C. FEDERAL REQUIREMENTS. All towers and antennas 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. If such standards and regulations are changed, then the owners or operators of the towers and antennas shall bring such towers and antennas into compliance with such revised standards and regulations within 6 months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna in accordance
with Section 14.10, at the owner's expense through the execution of the posted security.
D. ADDITIONAL REQUIREMENTS FOR WIRELESS TELECOM-MUNICATIONS FACILITIES. These requirements shall supersede any less stringent applicable standard found elsewhere in this ordinance or any other Town ordinance or regulation.
1. Setbacks and Separation.
a. Towers shall be set back a distance equal to 125% of the height of the tower from any off-site residential structure.
b. Tower, guys and accessory facilities shall comply with the minimum zoning district setback requirements.
c. Towers over 90 feet in height shall not be located within one-quarter mile of any existing tower that is over 90 feet in height.
2. Security Fencing. Towers shall be enclosed by security fencing not less than 6 feet in height and shall also be equipped with an appropriate anti-climbing device.
3. Landscaping.
a. Towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent residential property. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the tower compound. Natural vegetation is preferred.
b. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived entirely, in accordance with Section 14.11.
c. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. For towers sited on large wooded lots, natural growth around the property may be deemed a sufficient buffer, if approved by the Planning Board.
14.8 PERMIT PROCEDURES.
A. GENERAL. All applications under this subdivision shall apply to the Planning Board for Site Plan Review, in accordance with the Site Plan Review Regulations. In addition, applications under this subdivision shall submit the information required by this section. All applications shall be handled as required by RSA 676:4.
B. INFORMATION REQUIRED. Each applicant requesting a Conditional Use Permit or Site Plan approval shall submit a scaled plan in accordance with the Site Plan Review Regulations. The application shall also include: a scaled elevation view, topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses (up to 200 feet away), and any other information deemed necessary by the Planning Board to assess compliance with this article. The applicant shall also submit the following prior to any approval by the Board:
1. Written proof that the proposed use/facility complies with the FCC regulations on radio frequency (RF) exposure guidelines.
2. Written proof that an evaluation has taken place which demonstrates that the use/facility satisfies the requirements of the National Environmental Policy Act (NEPA). If an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Board prior to the beginning of the federal 30-day commitment period, and the Town process, shall become part of the application requirement.
3. An inventory of existing towers that are within the jurisdiction of the Town and those within two miles of the border thereof, including specific information about the location, height, design of each tower, as well as economic and technological feasibility for the collocation on the inventoried towers. The Planning Board may share such information with other applicants applying for approvals or conditional use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Town, provided, however, that the Planning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
4. 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 may 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, including a description of the geographic area required.
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 the applicant's proposed antenna would cause electromagnetic interference with antennae on existing towers or structures, or antennae on 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 to share the existing tower or structure are unreasonable.
f. Substantial evidence that the applicant can demonstrate other limiting factors that render existing towers and structures unsuitable.
5. An applicant proposing to build a new tower shall execute an agreement that allowed for the maximum allowance of collocation upon the new structure, which shall become a condition of any approval. This agreement shall, at a minimum, require the applicant to supply available collocation for reasonable fees and costs to other telecommunications providers. Failure to provide such an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and well-planned development of the Town and grounds for denial of approval for the tower.
6. The applicant shall submit engineering information detailing the size and coverage required for the facility location. The Planning Board may require such information to be reviewed by a consultant for verification of any claims made by the applicant regarding technological limitations and feasibility for alternate locations, or any other matter required by the application. Cost for this review shall be borne by the applicant in accordance with RSA 676:4, I(g).
C. FACTORS CONSIDERED IN DECISIONS. The Planning Board shall consider at least the following criteria when acting upon an application for a conditional use permit:
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.
9. Visual impacts on viewsheds, ridgeline 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.
D. DECISIONS.
1. In granting a conditional use permit, the Planning Board may impose conditions necessary to minimize any adverse effect of the proposed tower on adjoining properties, and to preserve the intent of this Ordinance.
2. The Planning Board may approve, approve with conditions, or deny an application. All decisions shall be in writing and a denial shall be based upon the record.
E. EXPEDITED REVIEW. The Planning Board may, by regulation, provide for an expedited review for facilities that utilize existing facilities or sites designated by the Planning Board and Selectmen as desired sites for such facilities.
14.9. SECURITY. As a condition of approval for any new tower and when deemed appropriate for other facilities, the Planning Board shall require the applicant to post adequate surety for the costs of maintenance, repair, or removal therefor. The amount and form of the surety shall be determined by the Planning Board.
14.10 ABANDONMENT, DISCONTINUANCE, REPAIR, REPLACEMENT, REMOVAL. To ensure the structural integrity of towers and antennas, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Town finds that a tower fails to comply with such codes and standards or otherwise constitutes a danger to persons or property,
it shall notify the tower owner who shall, within 30 days, bring the tower into compliance with such standards or eliminate the danger. If the owner fails to bring the tower into compliance within 30 days, such action shall constitute an abandonment and grounds for the removal of the tower or antenna, at the owner's expense through execution of the posted security, in accordance with Section 14.9.
14.11 WAIVER/APPEAL.
A. In compliance with section 253 of the Act, the Town does not intend to create barriers to the ability of any entity to provide interstate or intrastate telecommunication service. If any such entity, having duly exhausted all applicable avenues to providing such service, believes that the procedures or standards established by this article have created such a barrier, the entity may apply within 20 days after the final administrative decision, to the Planning Board for administrative relief in accordance with this section.
B. Upon application duly made in accordance with the procedures required for a conditional use permit, the Planning Board may grant waivers from the strict application of the requirements of this article where the Board finds, on the probability of evidence presented to it, with the burden upon the applicant for the facility, that:
1. Strict adherence to the requirements of this chapter is not required to effectuate the purposes hereof:
2. Strict compliance would create practical difficulty and unnecessary inconvenience;
2. Strict compliance could potentially cause a conflict with the Act.
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