The purpose of this article is to establish general guidelines for the siting of telecommunication facilities and to enhance and fulfill the following goals:

(1)

Preserve the authority of the city to regulate and to provide reasonable opportunities for the siting of telecommunication facilities while ensuring that telecommunications providers service remains effective and efficient.

(2)

Reduce or eliminate adverse impacts such telecommunication facilities may create including, but not limited to, impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, reduction in property values, and health and safety concerns.

(3)

Provide for co-location and minimal impact siting options through an assessment of technology, current location options, future location availability, innovative siting techniques, and siting possibilities beyond the geographic boundaries of the city.

(4)

Require cooperation and co-location between competitors, to the highest extent possible, in order to reduce cumulative negative impacts on the city.

(5)

Permit the construction of new towers only where all other reasonable opportunities have been exhausted, and encourage the owners and users of towers and antennas to configure them in a manner that minimizes adverse visual impacts of the structures.

(6)

Provide for constant maintenance and safety inspections for all telecommunications facilities and appurtenances.

(7)

Provide for the removal or upgrade of technologically outdated facilities.

(8)

Provide for the removal of abandoned facilities including a procedure for the city to remove abandoned towers in certain cases to ensure the public health and safety.

(Ord. No. 409, 11-8-00)

[For the purposes of this article, the following words, terms and phrases shall have the meanings set out in this section, unless the context clearly indicates otherwise:]

Alternative tower structure: Innovative siting techniques such as man-made trees, clock or bell towers, steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers and their appurtenances.

Antenna: Any exterior apparatus designed for telephonic, radio, television, personal communications services (PCS), pager network, repeater, or any other communications through the sending and/or receiving of electromagnetic waves of any bandwidth.

Antenna array: A collection of antennas attached to a mount to send and receive by a wireless telecommunications facility.

Co-location: Locating multiple telecommunication facilities on a single mount.

FAA: An acronym meaning Federal Aviation Administration.

FCC: An acronym meaning Federal Communications Commission.

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

Height: When referring to a telecommunication structure, shall mean the distance measured from ground level to the highest point on the telecommunication structure, even if said highest point is an antenna or other appurtenance.

Lattice tower: A type of mount with multiple legs and structural cross-bracing between the legs that is self supporting and free-standing.

Mast: A thin pole that resembles a street light standard or a telephone pole.

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

Mount: The structure or surface upon which antennas are mounted, including but not limited to:

(1)

Ground-mount: Mounted on the ground;

(2)

Structure-mount: Mounted on a structure other than a building;

(3)

Roof-mount: Mounted on the roof of a building; and

(4)

Side-mount: Mounted on the side of a building.

Pre-existing towers and antennas: Any tower or antenna lawfully constructed or permitted prior to the adoption of this article. Additionally, any tower or antenna lawfully constructed in accordance with this article that predates an application currently before the planning board.

Telecommunications facilities: Any structure, antenna, tower, or other device which provides commercial mobile wireless services, unlicensed wireless service, cellular telephone 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 (1) or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term also includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and similar structures.

(Ord. No. 409, 11-8-00)

Telecommunication facilities shall be allowed by special use permit, in accordance with RSA 674:21, II, as either primary or accessory uses in all zones in the city provided that the design standards outlined in section 22-655 of this article are met.

(Ord. No. 409, 11-8-00)

(a)

Special use permit granting authority. The special use permit granting authority (SUPGA) shall be the planning board of the city. The SUPGA shall give consideration to the written recommendations of the engineering department, as to the reliability and feasibility of the design standards proposed and to the degree of threat to the public health and safety if those standards were to fail.

(b)

Special use permit conditions. Before granting a special use permit under this section, the planning board may, after due consideration and consultation with other city officials and technical reports as may be necessary, attach any conditions deemed necessary to fully implement the purpose and intent of this article.

(c)

Submittals. The applicant must submit the following with their application for a special use permit in addition to any other standard application forms and application fees:

(1)

For all commercial telecommunication facilities, a complete application for site plan review must be submitted jointly with the application for a special use permit.

(2)

A scaled plan including a scaled elevation view, topography, radio frequency coverage, tower height, setbacks, parking, fencing, landscaping and adjacent land uses.

(3)

Written proof that the proposed use/facility complies with FCC regulations on radio frequency (RF) exposure guidelines, and FAA regulations on tower lighting requirements.

(4)

Written proof that an evaluation has taken place satisfying the requirements of the National Environmental Policy Act (NEPA), further referenced in applicable FCC rules. Such written proof shall include the results of the evaluation.

(5)

An inventory of existing towers that are within the jurisdiction of the city and those within two (2) miles of the border thereof, including specific information about the location, height, design of each tower, as well as economic and technological feasibility for co-location on the inventoried towers.

(6)

For applications for a new tower, the applicant shall submit written evidence demonstrating that no existing tower or structure can accommodate the applicant's proposed antenna. This evidence shall consist of one (1) or more of the following:

a.

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

b.

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

c.

Substantial evidence that 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 an antenna on an existing tower or structure, or an antenna on an existing tower or structure would cause interference with the applicant's proposed antenna.

e.

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

f.

Substantial evidence that demonstrates other limiting factors that render existing towers and structures unsuitable for the applicant's proposed antenna.

(7)

For applications for a new tower, the applicant shall submit an agreement with the city that allows for the maximum allowance of co-location upon the new structure. This statement shall, at a minimum, require the applicant to supply available co-location for reasonable fees and costs to other telecommunications providers. Failure to provide such an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and well-planned development of the city, and grounds for the application to be denied.

(8)

The applicant shall submit engineering information detailing the size and coverage required for the telecommunication facility location. The planning board may have this information reviewed by a consultant for verification of any claims made by the applicant regarding technological limitations and feasibility for alternative locations. Cost for this review shall be borne by the applicant in accordance with RSA 676:4(g).

(9)

Each application for a tower, monopole, or alternative structure shall be submitted with a design certified by a competent engineer that the structure has been engineered to accommodate the maximum number and type of all compatible telecommunication media antennae.

(Ord. No. 409, 11-8-00)

(a)

Height requirements. The following height requirements shall only apply to telecommunications facilities and shall supersede all other height regulations as required by the city zoning ordinance. For telecommunication structures other than towers and antennas, the maximum height allowed shall be consistent with that in the underlying zoning district.

(1)

Maximum height for new telecommunication towers: One hundred eighty (180) feet.

(2)

Maximum height of co-located antenna on existing tower: Current height plus fifteen (15) percent to a maximum of one hundred eighty (180) feet.

(3)

Maximum height of antenna on existing structure: Current height plus twenty (20) feet to a maximum of one hundred eighty (180) feet.

(b)

Setbacks and separation. The following setbacks and separation requirements shall apply only to telecommunication facilities, and shall supersede all other such standards found elsewhere in this article or other applicable city ordinances and regulations.

(1)

Telecommunication towers shall be set back a distance equal to one hundred (100) percent of the height of the tower from any boundary line, above ground utility line, or other primary building located on the property the tower is sited upon.

(2)

Tower guys, and all other accessory structures shall conform with the minimum setback requirements of the zoning district in which said structures and appurtenances are located.

(3)

Towers over ninety (90) feet in height shall not be located within fifteen hundred (1,500) feet of any existing tower.

(c)

Security fencing. Towers shall be enclosed by appropriate security fencing not less that six (6) feet in height, which shall be equipped with an appropriate anti-climbing device.

(d)

Landscaping.

(1)

Towers shall be landscaped with a buffer of suitable vegetation that effectively screens as much of the tower and related structures as possible. The minimum standard buffer shall consist of a landscaped strip, ten (10) feet wide outside the perimeter of the tower and related structures. Existing natural vegetation may be deemed a sufficient buffer on large, remote, wooded lots.

(2)

Existing mature tree growth and natural land forms present on the site shall be preserved to the maximum extent possible.

(e)

Aesthetics and lighting.

(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. Self-weathering steel may also be used provided strength requirements are met.

(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 previously developed environment.

(3)

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

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, it shall be designed to minimize disturbance to the surrounding views.

(5)

Towers shall not contain any permanent or temporary signs, writing, symbols, graphic representation or advertisement of any kind.

(Ord. No. 409, 11-8-00)

Recognizing the extremely hazardous situation presented by abandoned and unmonitored towers, the planning board may require a form of financial security to be posted as a condition of approval for a special use permit for a telecommunication facility. This security, in an amount to be determined by the planning board, may be in the form of, cash or a non-lapsing irrevocable letter of credit or other form acceptable to the board and the city attorney. It will be posted by the applicant and held by the city until the telecommunication facility is removed. It shall be the sole responsibility of the applicant, its assign, or it successor in interest, to ensure that acceptable and adequate security, once posted, is maintained continuously and without lapse. Lapse of adequate security shall be grounds to revoke a special use permit and cause for the telecommunication facility to be removed.

(Ord. No. 409, 11-8-00)

The owner of a telecommunication facility shall provide an annual certification to the zoning officer verifying compliance with any conditions of approval for a special use permit and current standards and regulations of the FAA, FCC, and any other agency of the federal government with the authority to regulate towers and antennas. The certification shall also verify that the structure is still needed for the operation of the owner's network. Said certification shall be submitted to the zoning officer prior to January 31 of each year. Failure to submit an annual certification shall constitute abandonment and be grounds for removal of the telecommunication facility.

(Ord. No. 409, 11-8-00)

(a)

All towers, antennas and other telecommunications facilities and equipment shall meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal or state governments having controlling regulatory authority, and if such standards or regulations are changed, the owners or operators of such facilities or equipment shall ensure that it complies with the revised standards or regulations within six (6) months of the effective dates of the revision, unless a more stringent compliance schedule is mandated by the controlling authority; and failure to comply in accordance with the applicable schedule shall constitute abandonment and shall be grounds for the removal of such facilities or equipment at the owner's expense through execution of the posted security.

(b)

The owner of a tower, antenna or other telecommunication facilities and equipment shall be responsible for ensuring that such facilities and equipment conform at all times to city regulations and meet the applicable standards published by the Electronic Industries Association, as amended; and if, upon inspection, the city determines that such regulations or standard are not being met, or that the facilities or equipment pose a danger to persons, property or the community, they shall notify the owner of the defects in writing; and if the owner shall not, within thirty (30) days, remedy such defects, his failure to do so shall constitute abandonment and shall be grounds for the removal of the facilities and equipment at the owner's expense through execution of the posted security.

(c)

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned and hazardous to the public health and safety, unless the owner provides proof of quarterly inspections, and such antenna or tower shall be removed in accordance with the following procedure:

(1)

The planning board shall hold a public hearing after due notice to abutters and to the last known owner/operator of the antenna or tower.

(2)

If at such hearing the planning board determines that the antenna or tower is in fact abandoned, it shall issue a declaration of abandonment to the owner/operator.

(3)

Within ninety (90) days after issuance of such declaration the owner shall remove the abandoned structure, and, if he shall not, the city may execute the posted security and have the structure removed at the owner's expense.

(4)

If there are two (2) or more users of a single tower, the provisions of this subsection shall not become effective until all users cease using such tower.

(Ord. No. 409, 11-8-00)

(a)

Amateur radio; receive-only antennas. This article shall not govern any tower, or the installation of any antenna that is under seventy (70) feet in height and is owned and operated by a federally licensed amateur or citizens band station operator, and/or is used exclusively for receive-only antennas. This section adopts the provisions and limitations as referenced in RSA 674:16, IV.

(b)

Essential services and public. Henceforth, from the date of adoption of this article, telecommunications facilities shall not be considered as infrastructure, essential services, or public utilities, as defined or used elsewhere in the city's ordinances and regulations. Siting for telecommunications facilities shall be considered a use of land as addressed by this article.

(Ord. No. 409, 11-8-00)