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Sample Legislation: Camouflaging Telecommunications Towers

Camouflaging Telecommunications Towers

Cell towers are popping up everywhere, but wouldn't it be nice if they weren't so obvious? One of the most popular types of legislation we see these days is on telecommunications towers. Some legislation goes into detail about how to camouflage towers and antennas, as the visual impact is often hotly debated. This legislation defines "alternative tower structure" to include 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. Requirements include that towers shall be camouflaged, or documentation must be provided as to why camouflaging is not feasible; and that materials, colors, textures, screening and landscaping that will blend towers into the natural setting and surrounding buildings must be used. Lighting, fencing, landscaping and buffer requirements are also addressed. A visual impact analysis may be required, which uses photographs and a crane to simulate the height of the proposed tower, in order to assess the cumulative impact of the proposed facility. If your community does not have camouflage requirements for towers and antennas, but you'd like more information about it, simply read on…

Sample Ordinances:

Clifton Park, C. NJ: § 461-24.4I
Lower Saucon, Twp. PA: § 180-127.1
Hillsborough, T. MA: Ch. 229, Art. XII

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Clifton Park, C. NJ:

§ 461-24.4. Wireless telecommunications towers and antennas. [Added 10-7-1997 by Ord. No. 5917-97]

(1) The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:
(a) Provide guidelines which allow for the siting of cellular towers within the boundaries of the City of Clifton.

(b) Provide for the ever expanding communications needs of the City of Clifton, its residents and business community.

(2) Within those goals the objectives of this section are to:

(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas.

(b) Encourage the location of towers in non-residential areas.

(c) Minimize the total number of towers throughout the community.

(d) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(f) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.

(g) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(h) Consider the public health and safety of communication towers.

(i) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(3) In furtherance of these goals and objectives, the City of Clifton shall give due consideration to the City of Clifton's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

ALTERNATIVE TOWER STRUCTURE — 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.

ANTENNA — Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

COLOCATION — Placing more than one exterior transmitting or receiving device on one physical structure at one location.

BACKHAUL NETWORK — The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

FAA — The Federal Aviation Administration.

FCC — The Federal Communications Commission.

HEIGHT — When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS and PREEXISTING ANTENNAS — Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed 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. The term includes the structure and any support thereto.

(1) New towers and antennas. All new towers or antennas in the City of Clifton shall be subject to these regulations, except as provided in Subsection C(2) through C(4), inclusive.

(2) Amateur radio station operators/receive only antennas. This section shall not govern the installation of any antenna owned and operated by an amateur radio operator and used exclusively for receive only antennas and for private noncommercial purposes, which shall be regulated elsewhere in the Code of the City of Clifton.

(3) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections D(6)) and (7); absent any enlargement or structural modification of the addition of any structures.

(4) AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(1) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Notwithstanding the foregoing, any proposed accessory use on a property shall require a site plan application before the Planning Board.

(2) Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the City of Clifton or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or conditional use permits under this section or other organizations seeing to locate antennas within the jurisdiction of the City of Clifton; provided, however that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(4) Aesthetics. Towers and antennas shall meet the following requirements:

(a) Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible.

(b) The tower shall either maintain a galvanized steel finish or meet the applicable standards of the FAA. If the tower is not to be camouflaged by an alternative tower structure, the tower is to be painted a neutral color so as to reduce visual obtrusiveness.

(c) Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

(d) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a 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.

(5) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(6) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or 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 at the owner's expense.

(7) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or 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 City of Clifton concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(8) Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the City of Clifton irrespective of municipal and county jurisdictional boundaries.

(9) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

(10) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the City of Clifton have been obtained and shall file a copy of all required franchises with the Zoning Officer.

(11) Public notice. For purposes of this section, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection G(2)(e)[2][b], Table 2, in addition to any notice otherwise required by this chapter.

(12) Signs. No signs shall be allowed on an antenna or tower.

(13) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of any and all applicable federal, state and municipal building codes.

(14) Multiple antenna/tower plan. The City of Clifton encourages the users of the towers and antennas to submit application for approval of multiple towers and/or antenna sites. No application for a single-use tower shall be approved without substantial proof that no collocation was possible and that building for future collocation is not feasible.

(1) General. The uses listed in this subsection are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

(2) Permitted uses. The following uses are specifically permitted:

(a) Antennas or towers located on property owned, leased or otherwise controlled by the City of Clifton, provided that a license or lease authorizing such antenna or tower has been approved by the City of Clifton. However, the city may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality and shall not be governed by this section.

(b) Antennas or towers located in the M-1 and M-2 Zones so long as the requirements in Subsections D, G(2)(e)[1], G(2)(g) and I are met. [Amended 7-6-1999 by Ord. No. 6063-99]

(1) General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(a) The Zoning Officer may administratively approve the uses listed in this subsection.

(b) Each applicant for administrative approval shall apply to the Zoning Officer providing the information set forth in this section and a nonrefundable fee as established by resolution of the governing body of the municipality to reimburse the City of Clifton for the costs of reviewing the application.

(c) The Zoning Officer shall review the application for administrative approval and determine if the proposed use complies with Subsections D, G(2)(d)[2] and G(2)(e)[2] of this section.

(d) The Zoning Officer shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Zoning Officer fails to respond to the applicant within said 60 days, then the application shall be deemed to be approved.

(e) In connection with any such administrative approval, the Zoning Officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in Subsection G(2)(d) or separation distances between towers in Subsection G(2)(e) by up to 50%, but only for applications colocating on an already approved site.

(f) In connection with any such administrative approval, the Zoning Officer may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.

(2) List of administratively approved uses. The following uses may be approved by the Zoning Officer after conducting an administrative review:
(a) Locating antennas on existing structures or towers consistent with the terms of Subsections F(2)(a)[1] and [2] below.
[1] Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Zoning Officer as an accessory use to any commercial, industrial, professional or institutional structure, provided that:
[a] The antenna, as measured from the lowest grade, does not extend more than the maximum building height for the zone wherein the structure is located.

[b] The antenna complies with all applicable FCC and FAA regulations.

[c] The antenna complies with all applicable building codes.

[2] Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Zoning Officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such colocation is accomplished in a manner consistent with the following:

[a] A tower is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, unless the Zoning Officer allows reconstruction as a monopole.

[b] Height.

[i] An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

[ii] The height change referred to in Subsection F(2)(a)[b][i] may only occur one time per communication tower.

[iii] The additional height referred to in Subsection F(2)(a)[2][b][ii] shall not require an additional distance separation as set forth in Subsection G. The tower's premodification height shall be used to calculate such distance separations.

[c] On-site location.

[i] A tower which is being rebuilt to accommodate the colocation of an additional antenna may be moved onsite within 50 feet of its existing location.

[ii] After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.

[iii] A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection G(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection G(2)(e).

(1) General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:
(a) If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be approved administratively pursuant to Subsection F of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all nonresidential zoning districts.

(b) Applications for conditional use permits under this subsection shall be subject to the procedures and requirements of Article VI of this chapter, except as modified in this subsection.

(c) In granting a conditional use permit, the Planning Board may impose conditions to the extent that the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(d) Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

(e) An applicant for a conditional use permit shall submit the information described in this subsection and a nonrefundable fee as established by the City Engineer and Attorney to reimburse the City of Clifton for the costs of reviewing the application.

(2) Towers.

(a) Information required. In addition to any information required for applications for conditional use permits pursuant to Article VI of this chapter, applicants for a conditional use permit for a tower shall submit the following information:

[1] A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.

[2] Legal description of the parent tract and leased parcel (if applicable).

[3] The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

[4] The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the existing tower(s), as applicable.

[5] A landscape plan showing specific landscape materials.

[6] Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

[7] A description of compliance with Subsections D, G(2)(d), G(2)(e) and all applicable federal, state or local laws.

[8] A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennas for future users and if not why it will not.

[9] Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

[10] A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[11] A description of the feasible locations of future towers or antennas within the City of Clifton based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

(b) Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Article VI of this chapter, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:

[1] Height of the proposed tower.

[2] Proximity of the tower to residential structures and residential district boundaries.

[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.

[8] Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection G(2)(c) of this section.

(c) Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval):
[1] No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

[2] Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

[3] Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

[4] The 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.

[5] The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development by 25% are presumed to be unreasonable.

[6] The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

[7] The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(d) Setbacks. The following setback requirements shall apply to all towers for which a conditional permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this section would be better served thereby:

[1] Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.

[2] Guy wires and accessory buildings must satisfy the minimum zoning district setback requirements.

[3] No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.

(e) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this section would be better served thereby.

[1] Separation from off-site uses/designated areas.
[a] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

[b] Separation requirements for towers shall comply with the minimum standards established in Table 1.

 

Table 1
Off-Site Use/Designated Area Separation Distance
Residential, public parks, schools or house of worship1 500 feet or 300% height of tower, whichever is greater
Vacant single-family residentially zoned land which is tower, whichever is greater either platted or has preliminary subdivision plan approval which is not expired 500 feet or 300% height of
Vacant unplatted residentially zoned lands2 tower whichever is greater 500 feet or 200% height of
Nonresidentially zoned lands or nonresidential uses None; only setbacks apply
NOTES:

1Including nursing homes and other similar uses wherein people are housed or receive care at least 8 hours per day.

2 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid plan approval and any multifamily residentially zoned land greater than duplex.

 

[2] Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

 

Table 2
Types of Proposed Towers
Types of 
Existing 
Towers
Lattice Guyed Monopole 
50 feet 
in height
Monopole 
less than 
30 feet 
in height
Lattice 5,000 5,000 1,500 1,000
Guyed 5,000 5,000 1,500 1,000
Monopole 50 feet in height 1,500 1,500 1,500 1,000
Monopole less than 30 feet 1,000 1,000 1,000 1,000

 

(f) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

(g) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:

[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

[2] In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

[3] Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.

(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

(c) Equipment storage buildings or cabinets shall comply with all applicable building codes.

(2) Antennas mounted on utility poles, light poles or towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(a) In a front or side yard, provided that the cabinet or structure is not greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches.

(b) In a rear yard, provided that the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

(c) In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.

(d) Emergency generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.

 

  1.  Purpose.
  2. Definitions. As used in this section, the following terms shall have the meanings set forth below:
  3.  Applicability.
  4. General requirements.
  5. Permitted uses.
  6. Administratively approved uses.
  7. Conditional use permits.
  8. Prohibition in residential zones. No tower or alternative tower shall be constructed in any residential zone.
  9. Buildings or other equipment storage.
  10. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the City of Clifton notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense, If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The city may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost (as determined by the City Engineer) of such removal, grading and restoration to a state required under all applicable City Ordinances, including but not limited to the city property maintenance code.
  11. Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Subsections G(2)(d) and (e). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection J.
  12. Repeaters for city emergency services. All wireless communications towers and antennas must permit repeaters for use by City of Clifton emergency services, including fire, police and emergency medical services, without charge to the City of Clifton, unless it is shown that a specific facility is not technically able to provide proper and adequate service.

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Lower Saucon, Twp. PA:

 

§ 180-127.1. Commercial communication towers and commercial communication antennas.

Commercial communication towers and commercial communication antennas shall be permitted by special exception in various zoning districts of the township as described in this chapter but subject to the regulation and requirements of this chapter, including but not limited to this section; except, however, no commercial communication antenna shall be permitted to be mounted on a building containing one or more dwelling units.

 

 

(1) A commercial communication tower shall be set back from the nearest property line, street right-of-way line, easement line for an aboveground utility, lease line and/or dwelling unit (if such dwelling unit is located on the same property as the tower) a distance equal to:

 

(a) One and one-half times the height of tower; or

(b) The minimum required yard, whichever is greater.

(2) Also, no commercial communication tower shall be located in a floodplain or wetland area as regulated by § 180-95B (herein).

 

 

 

(1) In accordance with § 180-93D of this chapter, no structure shall exceed a height of 200 feet.

(2) The height of a commercial communication antenna shall be limited to no more than 25 feet above the building or structure on which it is mounted unless that structure is designed and approved as a commercial communication tower.

 

 

 

 

(1) In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

 

(1) Documentation of FAA approval for commercial communication towers or antennas exceeding 200 feet in height shall be provided. Commercial communication towers or antennas less than 200 feet in height shall meet the requirements of 14 CFR 77.13(a), as amended.

(2) No commercial communications tower or antenna shall be artificially lighted except when required and approved by the FAA.

 

 

 

(1) Documentation that the applicant is licensed by the FCC shall be provided.

(2) Documentation of FCC approval for the proposed commercial communication tower and/or antenna shall be provided.

(3) Documentation demonstrating that the proposed commercial communications tower and/or antenna complies with all applicable standards established by the FCC governing human exposure to electromagnetic radiation shall be provided.

 

 

(1) The applicant shall demonstrate, using technological evidence, that the commercial communication tower and/or commercial communication antenna must go where it is proposed in order to satisfy its function pursuant to the applicant's technological requirements.

(2) Prior to proposing the construction of a new commercial communications tower, the applicant shall demonstrate that they have made a reasonable effort to site the antenna on an existing structure within close proximity of the chosen site.

(3) If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing commercial communication structure), the applicant is required to demonstrate that he or she has contacted the owners of all tall structures within a one-mile radius of the site proposed, requesting permission to install the antenna on those structures. The applicant must verify, to the satisfaction of the Zoning Hearing Board, that reasonable attempts were made to negotiate permission to place his or her antenna on the tall structure owned by others and that the applicant was denied the request for reasons other than economic reasons. Tall structures in this section would include, but not be limited to, structures 50 feet high or taller, smokestacks, water towers, tall buildings, antenna support structures of other telecommunication companies, other communication towers (fire, police, etc.) and public utility transmission towers. The Zoning Hearing Board may deny an applicant's request for special exception approval to construct a new tower if the applicant has not conducted a good faith investigation and made a good faith effort to obtain permission to mount his or her antenna on an existing tall structure within this one-mile radius.[Amended 2-3-1999 by Ord. No. 99-1]

 

 

 

 

 

 

(1) The applicant shall be required to undertake a visual impact analysis on any proposed commercial communications tower or any proposed modification to an existing tower which causes said tower to exceed 30 feet in height from its original permitted height. The visual impact analysis, in the form of a written report, shall assess the cumulative impacts of the proposed facility and other existing and foreseeable commercial communications towers in the area and shall identify and include all feasible mitigation measures necessary to mitigate any negative visual impact by the proposed tower. Mitigation measures should be consistent with the technological requirements of the applicant. All township costs for the review of visual impact analysis, and applicable administrative costs, shall be borne by the applicant.

(2) The visual impact analysis report shall include but not be limited to the following:

 

(a) A photograph simulation of predevelopment versus postdevelopment views from key viewpoints, but from no less than the four sides.

(b) An analysis of possible alternative tower structure designs and color schemes.

(c) An analysis of the visual impact of the tower base, accessory buildings and overhead utility lines from abutting properties and streets.

(d) If required by the Zoning Hearing Board or the township, an additional simulation of the tower's visual impact shall be provided by erecting a mechanical construction crane to the proposed height of the tower at the proposed project site. The applicant shall allow the viewing of the crane simulation by the Zoning Hearing Board and/or the township and interested parties.

 

(3) The Zoning Hearing Board and/or the township shall review and consider all information presented in the report. Measures necessary to mitigate negative visual impacts created by the proposed tower shall be provided to the satisfaction of the Zoning Hearing Board and the township.

 

 

(1) The applicant shall demonstrate that all NEPA requirements, where applicable, for any proposed commercial communications tower and/or antenna facilities have been met. A copy of the NEPA-required environmental assessment (EA) report shall be submitted when the proposed commercial communications tower and/or antenna falls into one or more of the following categories:

 

(a) Facilities that are to be located in an officially designated wildlife preserve.

(b) Facilities that may affect listed threatened or endangered species or designated critical habitats.

(c) Facilities that are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973.

(d) Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archaeology, engineering or culture, that are listed or are eligible for listing in the National Register of Historic Buildings or Places.

(e) Facilities that may affect a Native American religious site.

(f) Facilities whose construction will involve significant change to surface features, including but not limited to wetlands, removal of woodland areas or water diversion.

(g) Facilities located within a floodplain.

(h) Facilities that are to be equipped with high-intensity white lights located in residential neighborhoods.

 

(2) The applicant shall notify the municipality at least 30 days prior to any hearing or consideration of the environmental assessment report by the FCC. The applicant shall provide, to the municipality, documentation demonstrating how any negative impact on the features noted above will be mitigated.

 

  1. Site plan. A site plan shall be prepared and submitted for any proposed commercial communications tower and any proposed commercial communication antenna pursuant to applicable Zoning Ordinance requirements regarding preparation of a site plan. [Added 10-6-1999 by Ord. No. 99-5]
  2. Setback. [Amended 2-3-1999 by Ord. No. 99-1]
  3. Base. The base of a commercial communication tower and any associated guy wire or accessory control building and off-street parking area shall be surrounded by a secure fence with a minimum height of eight feet.
  4.  Height.
  5. Color. Commercial communication towers under 200 feet in height should be painted silver or have galvanized finish retained, in order to reduce the visual impact. However, they may be painted green up to the height of nearby trees. Support structures 200 feet in height or taller shall meet all Federal Aviation Administration (FAA) regulations.
  6. Lighting. No antenna support structure may be artificially lighted except when required by the FAA. If lighting is required by the FAA, the minimum lighting required by the FAA shall be the maximum lighting allowed by the township.
  7. Screening. A screen shall be required to screen the fence surrounding the tower and any other ground-level features such as a building. A planting screen, as described in § 180-97B, shall be required except as noted herein. Any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping may be permitted, if they achieve the same degree screening as the required planting screen. If the commercial communication antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
  8. Parking. A minimum of two off-street parking spaces shall be provided for a commercial communications tower.
  9. Wind resistance. For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide certification from a registered professional engineer stating that the commercial communications tower or antenna meets the wind-resistance requirements stated in the latest version of the BOCA National Building Code and that the commercial communications tower or antenna is designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards. The registered professional engineer shall also certify to the overall structural integrity of the commercial communications tower or antenna.[Amended 10-6-1999 by Ord. No. 99-5]
  10. Federal Aviation Administration (FAA).
  11. Airport coordination. The applicant for a proposed commercial communications tower or antenna, located within five miles of an existing airport, shall notify the airport of its intent to place such structure(s).
  12. Federal Communications Commission (FCC).
  13. Documentation of need.
  14. Removal of commercial communications towers and antennas. If a commercial communications tower and/or antenna remains unused from its original intent or purpose for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do such by the Code Enforcement Officer. Further, the owner or operator of the tower and/or antenna shall post security in a form acceptable to Lower Saucon Township favoring the Lower Saucon Township in an amount to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Lower Saucon Township in the event that the owner or operator of the tower and/or antenna fails to remove the tower and/or antenna within six months of notification by the Code Enforcement Officer.
  15. Exemption. A commercial communications tower or antenna necessary for and primarily used for emergency communications by a Police Department, fire company, emergency medical service and other similar public safety organizations is exempt from these requirements.
  16. The maintenance of all structures, foundations, fencing, screening, etc., shall be the responsibility of the tower/antenna owner.
  17. Maximum number of towers. No more than one commercial communication tower shall be permitted to be located on one lot. [Added 10-6-1999 by Ord. No. 99-5]
  18. Visual impact analysis. [Added 10-6-1999 by Ord. No. 99-5]
  19. National Environmental Policy Act (NEPA). [Added 10-6-1999 by Ord. No. 99-5]
  20. Equipment shelter. Information shall be provided detailing the contents of the proposed equipment shelter servicing the proposed commercial communications tower and/or antenna. The information shall include but not be limited to the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored within the shelter. Information shall also be submitted which demonstrates that any hazardous materials stored on site, including but not limited to fuel sources, shall be housed to minimize the potential for any adverse impact on adjacent land uses. Materials safety data sheets for any hazardous material stored or utilized in the equipment shelter shall be submitted to the municipality. The use of fuels and hazardous materials shall also be consistent with any federal, state or municipal requirements regarding the same. [Added 10-6-1999 by Ord. No. 99-5]

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Hillsborough, T. MA:

Chapter 229

 ZONING

ARTICLE XII 
Telecommunications 
[Added by the ATM 3-14-2000 by Art. 3]

§ 229-72. Authority.

This article was adopted by the Town of Hillsborough on March 14, 2000, in accordance with the authority as granted in New Hampshire Revised Statutes Annotated 674:16 and 674:21 and procedurally under the guidance of 675:1, II. It was Article 3 of the 2000 Warrant.

§ 229-73. Purpose and goals.

This article is enacted in order to establish general guidelines for the siting of telecommunications towers and antennas and to enhance and fulfill the following goals:

  1. Preserve the authority of the Town of Hillsborough to regulate and to provide for reasonable opportunity for the siting of telecommunications facilities, by enhancing the ability of providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
  2. 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. Provide for 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.
  4. 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. Require cooperation and collocation, to the highest extent possible, between competitors in order to reduce cumulative negative impacts upon the town.
  6. Provide constant maintenance and safety inspections for any and all facilities.
  7. Provide for the removal of abandoned facilities that are no longer inspected for safety concerns and Code compliance and provide a mechanism for the Town of Hillsborough to remove these abandoned towers to protect the citizens from imminent harm and danger.
  8. Provide for the removal or upgrade of facilities that are technologically outdated.

§ 229-74. Definitions.

As used in this article, the following terms shall have the meanings indicated:

ALTERNATIVE TOWER STRUCTURE — Innovative siting techniques that shall mean 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.

ANTENNA — 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.

FAA — An acronym that shall mean the Federal Aviation Administration.

FCC — An acronym that shall mean the Federal Communications Commission.

HEIGHT — When referring to a tower or other structure, the distance measured from ground level to the highest point on the tower or other structure, even if said highest point is an antenna.

PLANNING BOARD OR BOARD — The Town of Hillsborough Planning Board and the regulator of this article.

PREEXISTING TOWERS AND ANTENNAS — Any tower or antenna lawfully constructed or permitted prior to the adoption of this article and any tower or antenna lawfully constructed in accordance with this article.

TELECOMMUNICATIONS FACILITIES — 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.

TOWER — 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.

 

§ 229-75. Siting standards.

 

(1) Principal or secondary use. Subject to this article, an applicant who successfully obtains permission to site under this article as a second and permitted use may construct telecommunications facilities in addition to the existing permitted use. Antennas and towers may be considered either principal or secondary uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure, nor shall such facilities be deemed to be an accessory use.

 


District New Tower 
Construction
Collocation 
on Preexisting 
Tower
2
Collocation 
on Existing 
Structure
3
Central Business X PCU PCU
Commercial PCU PCU PCU
Historic X X X
Residential X PCU PCU
Rural PCU PCU PCU

NOTES:

PCU = Permitted use with conditional use permit 
X = Prohibited

1 An antenna may be located on a tower, newly constructed, under this article. 
2 An antenna may be located on a preexisting tower, constructed prior to the adoption of this article. 
3 An antenna may be located on other existing structures under this article.

  1. General. The uses listed in this section are deemed to be permitted uses that may require further review under this article in accordance with § 229-78, Conditional use permits. However, all such uses must comply with other applicable ordinances and regulations of the Town of Hillsborough (including site plan review). The following tables represent the siting standards for the listed uses as delineated by the districts in which they are located in the town.
  2. Use districts.

  3. Height requirements. These requirements and limitations shall preempt all other height limitations as required by the Town of Hillsborough Zoning Ordinance and shall apply only to telecommunications facilities. These height requirements may be waived through the conditional use permit process only if the intent of this article is preserved (e.g., where a two-hundred-foot tower would not increase adverse impacts but provide a greater opportunity for collocation) in accordance with § 229-79, Waivers.
District New Tower Construction (feet) Collocation on Preexisting Tower (feet) Collocation on Existing Structure (feet)
Central Business N/A Current height + 30 Current height + 20
Commercial 180 Current height + 30 Current height + 20
Historic N/A N/A N/A
Residential N/A Current height Current height + 10
Rural 180 Current height + 30 Current height + 20

§ 229-76. Applicability.

 

  1. Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the town may be exempt from the requirements of this article, except that uses are only permitted in the zones and areas as delineated in § 229-75B. This partial exemption shall be available if a license or lease authorizing such antenna or tower has been approved by the governing body and the governing body elects, subject to state law and local ordinance, to seek the partial exemption from this article.
  2. Amateur radios; receive-only antennas. This article shall not govern 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 or is used exclusively for receive-only antennas. This application adopts the provisions and limitations as referenced in RSA 674:16, IV.
  3. Essential services and 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 telecommunications facilities is a use of land and is addressed by this article.

§ 229-77. Construction performance requirements.

 

(1) Towers shall either maintain a galvanized steel finish, subject to any applicable standards of the FAA, or 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. These buildings and facilities shall also be subject to all other site plan review regulation requirements.

(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must 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 governing authority 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.

 

(1) Setbacks and separation.

 

(a) Towers must be set back a distance equal to 125% of the height of the tower from any off-site structure.

(b) Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.

(c) Towers over 90 feet in height shall not be located within 1/4 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 six feet in height and shall also be equipped with an appropriate anticlimbing 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 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.

(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property may be deemed a sufficient buffer.

 

  1. Aesthetics and lighting. The guidelines in this Subsection A shall govern the location of all towers and the installation of all antennas. However, the Planning Board may waive these requirements, in accordance with § 229-79, Waivers, only if it determines that the goals of this article are served thereby.
  2. Federal requirements. All towers 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 of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six 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, in accordance with § 229-81, of the tower or antenna, as abandoned, at the owner's expense through the execution of the posted security.
  3. Building codes; safety standards. 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 concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within 30 days, such action shall constitute an abandonment and grounds for the removal, in accordance with § 229-81, of the tower or antenna, as abandoned, at the owner's expense through execution of the posted security.
  4. Additional requirements for telecommunications facilities. These requirements shall supersede any and all other applicable standards found elsewhere in town ordinances or regulations that are less strict.

§ 229-78. Conditional use permits

 

 

(1) Procedure on application. The Planning Board shall act upon the application in accordance with the procedural requirements of the site plan review regulations and RSA 676:4.

(2) Decisions. Possible decisions rendered by the Planning Board include approval, approval with conditions or denial. All decisions shall be rendered in writing, and a denial shall be in writing and based upon substantial evidence contained in the written record.

(3) Factors considered in granting decisions.

 

(a) Height of proposed tower or other structure.

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

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

(d) Surrounding topography.

(e) Surrounding tree coverage and foliage.

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

(g) Proposed ingress and egress to the site.

(h) Availability of suitable existing towers and other structures as discussed in Subsection C(3).

(i) Visual impacts on viewsheds, ridgelines and other impacts by means of tower location, tree and foliage clearing and placement of incidental structures.

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

 

 

(1) The applicant shall submit written proof that the proposed use/facility complies with the FCC regulations on radio frequency (RF) exposure guidelines.

(2) The applicant shall submit written proof that an evaluation has taken place, as well as the results of such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA) further referenced in applicable FCC rules. 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 thirty-day comment period, and the town process, shall become part of the application requirements.

(3) Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of its 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 and design of each tower, as well as economic and technological feasibility for collocation on the inventoried towers. The Planning Board may share such information with other applicants applying for approvals or conditional use permits under this article or other organizations seeking to locate antennas within the jurisdiction of the governing authority; 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. 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, provided that a description of the geographic area required is also submitted.

(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 the applicant's proposed antenna and related equipment.

(d) Substantial evidence that the 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 reasonable. 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.

 

(4) The applicant proposing to build a new tower shall submit an agreement with the town that allows for the maximum allowance of collocation upon the new structure. Such statement shall become a condition to any approval. This statement 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 of Hillsborough and grounds for a denial.

(5) The applicant shall submit the engineering information detailing the size and coverage required for the facility location. The Planning Board may have any submitted information reviewed by a consultant for verification of any claims made by the applicant regarding technological limitations and feasibility for alternative locations or any other matter required by the application. Cost for this review shall be borne by the applicant in accordance with 676:4,I(g).

  1. General. All applications under this article shall apply to the Planning Board for site plan review, in accordance with the requirements as provided for in the town's site plan review regulations. Editor's Note: See Ch. 185, Site Plan Review. In addition, applications under this article shall also be required to submit the information provided for in this section.
  2. Issuance of conditional use permits. In granting the conditional use permit, the Planning Board may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties and preserve the intent of this article.
  3. Information required. Each applicant requesting a conditional use permit under this article shall submit a scaled plan in accordance with the site plan review regulations and further information including: a scaled elevation view, topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses (up to 220 feet away) and any other information deemed necessary by the Planning Board to assess compliance with this article. Furthermore, the applicant shall submit the following prior to any approval by the Board:

§ 229-79. Waivers.

 

(1) The granting of the waiver will not be detrimental to the public safety, health or welfare or injurious to other property and will promote the public interest.

(2) The waiver will not, in any manner, vary the provisions of the Town of Hillsborough Zoning Ordinance, Town of Hillsborough Master Plan or Official Maps.

(3) Such waiver(s) will substantially secure the objectives, standards and requirements of these regulations.

(4) A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a hardship shall include, but not be limited to:

 

(a) Topography and other site features.

(b) Availability of alternative site locations.

(c) Geographic location of property.

(d) Size/magnitude of project being evaluated and availability of collocation.

 

 

 

  1. General. Where the Board finds that extraordinary hardships, practical difficulties or unnecessary and unreasonable expense would result from strict compliance with the foregoing regulations or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve waivers to these regulations. The purpose of granting waivers under provisions of these regulations shall be to ensure that an applicant is not unduly burdened as opposed to merely inconvenienced by said regulations. The Board shall not approve any waiver(s) unless a majority of those present and voting shall find that all of the following apply:
  2. Conditions. In approving waivers, the Board may impose such conditions as it deems appropriate to substantially secure the objectives of the standards or requirements of these regulations.
  3. Procedures. A petition for any such waiver shall be submitted, in writing, by the applicant with the application for Board review. The petition shall state fully the grounds for the waiver and all of the facts relied upon by the applicant. Failure to submit the petition in writing shall require an automatic denial.

§ 229-80. Bonding and security; insurance.

Recognizing the extremely hazardous situation presented by abandoned and unmonitored towers, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned towers in the event that the tower is abandoned and the tower owner is incapable and unwilling to remove the tower in accordance with § 229-81; all security shall be maintained for the life of the tower. Bonding and surety shall be consistent with the provision in the Subdivision Regulations. Editor's Note: See Ch. 201, Subdivision of Land. Furthermore, the Planning Board shall require the submission of proof of adequate insurance covering accident or damage.

 

§ 229-81. Removal of abandoned antennas and towers.

Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned and hazardous to the public health and safety, unless the owner of said tower provides proof of quarterly inspections. The owner shall remove the abandoned structure within 90 days of receipt of a declaration of abandonment from the town notifying the owner of such abandonment. A declaration of abandonment shall only be issued following a public hearing, noticed per town regulations, with notice to abutters and the last known owner/operator of the tower. If the abandoned tower is not removed within 90 day, the town may execute the security and have the tower removed. If there are two or more users of a single tower, this provision shall not become effective until all users cease using the tower.

 

§ 229-82. Enforcement.

Enforcement of this article shall be in accordance with Chapter 676 of the New Hampshire Revised Statutes Annotated and Hillsborough Zoning Ordinance. Any person in violation of this article of this chapter shall be subject to punishment in accordance with referenced provisions.

 

Lot Area and Frontage Requirements
Rural District
Town of Hillsborough

Table 1
Type of Use
(for each building)
Minimum 
Frontage 
(feet)
Minimum 
Lot Size 
(acres)
Single-dwelling units
200
2
Two-dwelling units
200
2
Three-dwelling units
200
3
Four-dwelling units
200
3

Commercial uses

 

200

 

2
Other uses1
200
2

Lake Lots2

 

 

 

 
Single-dwelling units
100
1
Two-dwelling units
100
1
Three-dwelling units
150
2
Four-dwelling units
200
3

NOTES:

1 Other uses include rooming house with owner or agent in residence, residential use with home sales or professional office, church, school, etc.
2 For lake lots, the front of the lot is towards the lake, and the front setback is measured from the average mean high water level.
Table 2
Lot Area and Frontage Requirements
Residential and Commercial Districts
Town of Hillsborough
 
 
With Municipal
Water and Sewer
With Municipal
Water and Sewer
With No Municipal
Water and Sewer
Type of Use
(for each building)
Minimum
Frontage
(feet)
Minimum
Lot Size
(square feet)
Minimum
Frontage
(feet)
Minimum
Lot Size
(square feet)
Minimum
Frontage
(feet)
Minimum
Lot Size
(square feet)
Single-dwelling units
100
10,000
100
20,000
125
40,000
Two-dwelling units
100
20,000
100
40,000
125
80,000
Three-dwelling units
125
28,500
150
52,000
150
120,000
Four-dwelling units
150
37,500
150
64,000
150
160,000
Commercial uses
(each building)
200
40,000
200
40,000
200
40,000
Other uses1
200
40,000
200
60,000
200
80,000

 

 

 

 

 

 

 

Notes:
 
 
 
 
 
 
1Other uses include rooming house with owner or agent in residence, residential use with house sales or professional office, church, school, etc.

 

Setback and Coverage Requirements
Town of Hillsborough

Table 3
 
Minimum Setbacks
Maximum
Coverage
(percent)
District and
Type of Use
Front
(feet)
Side
(feet)
Rear
(feet)
 
Residential and Commercial
Districts
       
Dwellings
30
15
20
25
Commercial Uses
50
20
25
30
Other uses1
50
20
25
30

 

 

 

 

 

Rural District        
Dwellings
30
25
50
25
Commercial uses
50
25
50
25
Other uses1
50
25
50
30
Lake lots2
75
25
25
20
NOTES:        
1 Other uses include rooming house with owner or agent in residence, residential use with home sales or professional office, church, school, etc.
2 For lake lots, the front of the lot is towards the lake and the front setback is measured from the average mean high water level.

 

Table 4
Summary of Dimensional Requirements
for On-Premises Signs
Town of Hillsborough
[Amended 3-10-1992]
 
Maximum Sign Area
(square feet)
Type of Sign
Rural
District
Residential
District
Commercial
District
Temporary
4
4
32
Real estate for sale
6
6
12
Real estate directional
6
6
6
Noncommercial nameplate
4
4
4
Maximum size (feet)
1 x 4
1 x 4
1 x 4
Permanent subdivision
20
20
Nonresidential ground
20
6
45
Maximum height (feet)
25
25
35
Multiple use ground
45, plus
4 extra
per unit
Wall (business only)
40% of
building
width
Maximum height (feet)
4
Roof (business only)
40% of
roof width
Maximum height (feet)
4
Maximum height above roof (feet)
6
Projecting (business only)
45
Maximum height above roof (feet)
2
Incidental
6
6
6
Driveway directional
6
Mobile
32
Construction
32
Maximum height (feet)
10
Project/developer
40
Maximum height (feet)
10

 

 

 

 

NOTES:
 
 
 
1 In Rural and Residential Districts, a business may have only one nonresidential ground sign and one incidental sign.
2 In Commercial Districts, a business may have one ground sign and one incidental sign and either one wall sign or one roof sign or one projecting sign.

3 If a nonresidential premises does not have a ground sign, it may have either a wall sign and a roof sign or a wall sign and a projecting sign or a projecting sign and a roof sign, subject to the above sign limitations.

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