Hudson City Zoning Code
ARTICLE XVIII
Commercial Wireless Telecommunication, Radio Service and Receive-Only Facilities
§ 334-91 Scope.
The scope of this article is to promulgate regulations which address the different operating environments of commercial wireless telecommunication facilities, receive-only facilities and radio service facilities identified pursuant to the applicable federal law and Code of Federal Regulations, adopted pursuant thereto.
§ 334-92 Purpose: commercial wireless telecommunication facilities.
In recognition of the federal Telecommunications Act of 1996, this article is designed and intended to balance the interests of the residents of Hudson, telecommunication providers and telecommunication customers in the siting of wireless telecommunication facilities within the Town of Hudson; so as to ensure coordinated development of telecommunication infrastructure while preserving the legitimate need to protect the health, safety and welfare of the Town, its residents and visitors. This article establishes general guidelines for the siting of commercial wireless telecommunication facilities, towers and antennas to enhance and fulfill the following goals:
A.
Preserve the authority of Hudson to regulate and to provide for reasonable opportunity for the siting of commercial wireless telecommunication facilities by enhancing the ability of providers of telecommunication services to provide such services to the community quickly, effectively and efficiently;
B.
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;
C.
Provide for co-location and minimal impact siting options through assessment of technology, current location options, future available locations and innovative siting techniques;
D.
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;
E.
Require cooperation and co-location, to the highest extent possible, between competitors in order to reduce cumulative negative visual and property value impacts upon the Town;
F.
Provide maintenance and safety inspections for any and all facilities;
G.
Provide for the removal of abandoned facilities that are no longer inspected for safety concerns and Building Code compliance; provide a mechanism for the Town to remove these abandoned facilities to protect the citizens from imminent harm and danger;
H.
Provide for the removal or upgrade of facilities which are technologically outdated; and
I.
Provide for the protection of the environment and open space; and preserve community character, scenic vistas and historic heritage.
§ 334-93 Definitions. [1]
As used in this article, the following terms shall have the meanings indicated:
Innovative siting techniques for use with commercial wireless telecommunication facilities such as artificial trees, clock towers, bell towers, steeples, light poles and similar alternative design mounting structures which camouflage or conceal the presence of antennas, towers or facilities; as well as utility pole and cable-based technologies.
[Added 3-9-1999]
The radiating system used to perform or achieve (transmit and/or receive) the desired communication or telecommunication service. An "integrated antenna array" means multiple coordinated radiating elements.
[Added 3-9-1999]
The placement of more than one antenna or integrated antenna array on a supporting structure, and appurtenant equipment and devices on the supporting structure and/or ground, necessary to perform or achieve a desired telecommunication service or radio service which is discrete from any other telecommunication or radio service(s) located on the same supporting structure.
[Added 3-9-1999]
Any structure, antenna, tower or other device used to provide a discrete commercial telecommunication service by a single provider to a broad base of usually unrelated users; generally including, but not limited to, cellular telephone, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR) and paging.
[Added 3-9-1999]
A cable-type appurtenant device which is used to secure and steady a tower or mast; and includes all hardware which attaches the cable to the tower or mast and to the ground.
[Added 3-9-1999]
The distance measured from the ground, or some other alternatively specified point, up to the highest point of an antenna or a supporting structure.
[Added 3-9-1999]
A structure which is designed and constructed to support one or more antennas used by radio service and/or receive-only facilities and includes all appurtenant devices attached to it. A mast can be of "lattice" construction having a diameter of no more than one foot which is freestanding (solely self-supported by direct attachment to the ground), supported (attached to the ground directly and with guy wires), anchored (attached to the ground directly and to some other substantial structure such as a building) and anchored/supported (attached directly to the ground and some other substantial structure and with guy wires to the ground and/or some other substantial structure); or it can be of "pipe" construction having a diameter of no more than four inches which is supported solely by direct attachment to a substantial structure such as a building.
[Added 3-9-1999]
A freestanding tower consisting of a single pole, constructed without guy wires or lattice characteristics, which relies solely on self-support (direct attachment to the ground) to remain upright.
[Added 3-9-1999]
Any tower, mast or antenna lawfully constructed or permitted prior to the adoption of this article. Also, any tower, mast or antenna lawfully constructed in accordance with this article which predates an application currently before the Town.
[Added 3-9-1999]
Any structure, antenna, mast or other radio installation device used to achieve desired communication(s) by a user with a narrow base of related or unrelated users; generally including, but not limited to, amateur radio service, general mobile radio service, citizens band radio service, low-power radio service, aeronautical and marine communications and any other similar radio communications or service which is not specifically named within this definition.
[Added 3-9-1999]
Any antenna, mast or other device designed and constructed with the intent to receive broadcast signals typically for household use; including, but not limited to, personal satellite and off-the-air television signals and AM, FM, shortwave and other similar radio signals.
[Added 3-9-1999]
A use of land or of a building or of a portion thereof which is unrelated to the principal use of the land or building.
[Added 3-9-1999]
A structure which is designed and constructed to support one or more antennas used by commercial wireless telecommunication facilities and includes all appurtenant devices attached to it. A tower can be freestanding (solely self-supported by attachment to the ground) or supported (attached directly to the ground and with guy wires) of either lattice or monopole construction.
[Added 3-9-1999]
§ 334-94 Applicability.
A.
Public property. Antennas, towers or facilities situated 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 districts and areas delineated within § 334-96. This partial exemption shall be available if a license or lease authorizing the antenna, tower or facility 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.
B.
Essential services and public utilities. Commercial wireless telecommunication facilities shall not be considered essential services, infrastructure or public utilities as defined or used elsewhere in the Town's ordinances and regulations. Siting for commercial wireless telecommunication facilities is a use of land and is subject to the Town's Zoning Ordinance and all other applicable ordinances and regulations.
§ 334-95 Siting standards.
General provisions: The uses listed within this section are deemed to be permitted uses in the designated district in accordance with all other applicable ordinances and regulations of the Town, including site plan review and approval by the Hudson Planning Board.
A.
Commercial wireless telecommunication facilities 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 a commercial wireless telecommunication facility on such a lot.
B.
For purposes of determining whether the installation of a commercial wireless telecommunication facility complies with district development standards, the dimensions of the entire lot shall control, even though the facility may be located on leased parcels within such lots.
C.
A commercial wireless telecommunication facility which is constructed in accordance with the provisions of this article on a nonconforming lot, or in conjunction with a nonconforming use, shall not be deemed to constitute the expansion of a nonconforming use or structure.
D.
Towers shall not exceed 180 feet in height above the ground. In all cases, a tower's maximum height shall be the minimum height above the ground necessary to perform or achieve the desired communication(s) or telecommunication service(s). Co-location is considered to be within the definition of a desired communication or telecommunication service.
E.
An RF Engineering/Facilities Master Plan shall be submitted for review to include present and future network infrastructure in both Hudson and abutting communities. The lay person shall be able to easily understand the Master Plan and supporting documentation. It shall explain sufficiently why the tower must be in this location. With the exceptions of alternative facilities/technologies, which do not have visible outdoor equipment, and telecommunication facilities placed on existing utility poles, site plan approval is required for all commercial wireless telecommunication facilities, including any such facilities situated on residential sites.
[Amended 3-4-2000]
F.
The FCC regulates radio frequency (RF) emissions, and local jurisdictions are preempted from prohibiting the construction of commercial wireless telecommunication facilities on the basis of exposure to RF emissions. Owners/operators of commercial wireless telecommunications facilities shall construct such facilities in accordance with FCC regulations pertaining to RF emissions.
§ 334-96 (Reserved). [1]
§ 334-96.1 Districts where conditionally permitted.
[Added 3-13-2007 by Amdt. No. 6]
The goals of this section of this article are to minimize visual blight to nearby property abutters and users of the Town's principal corridors, minimize adverse value impacts to abutters, protect the environment and open space and preserve historic heritage, community character and scenic beauty, while reasonably accommodating desired communication(s) or commercial wireless telecommunication service(s) and encouraging co-location of facilities. The maximum tower height of a commercial wireless telecommunication facility shall be 180 feet above the ground. In all cases, a tower's maximum height shall be the minimum height above the ground necessary to perform or achieve the desired commercial wireless telecommunication service(s).
Table of Conditionally Permitted Facilities | ||||||
|---|---|---|---|---|---|---|
Zoning District | ||||||
Facility Type | I | B | G/G-1 | R1 | R2 | TR |
Alternative facilities/technologies | C | C | C | C | C | C |
Monopole -=100, +5xCOR, +5xRES | C | C | C | C | C | C |
Monopole -100, +5xCOR, -5xRES | C | C | C | – | – | – |
Monopole -100, -5xCOR, +5xRES | C | C | C | – | – | – |
Monopole -100, -5xCOR -5xRES | C | C | C | – | – | – |
Monopole +100, +5xCOR, +5xRES | C | C | C | – | – | – |
Monopole +100, +5xCOR, -5xRES | C | – | C | – | – | – |
Monopole +100, -5xCOR, +5xRES | C | C | C | – | – | – |
Monopole +100, -5xCOR, -5xRES | C | – | – | – | – | – |
*Lattice -100, +5xCOR, +5xRES | C | – | C | – | – | – |
*Lattice -=100, +5xCOR, -5xRES | C | – | C | – | – | – |
*Lattice -100, -5xCOR, +5xRES | C | – | – | – | – | – |
*Lattice -=100, -5xCOR, -5xRES | – | – | – | – | – | – |
*Lattice +100, +5xCOR, +5xRES | C | – | C | – | – | – |
*Lattice +100, +5xCOR, -5xRES | C | – | C | – | – | – |
*Lattice +100, -5xCOR, +5xRES | C | – | – | – | – | – |
*Lattice +100, -5xCOR, -5xRES | – | – | – | – | – | – |
Notes: | ||||||
X = proposed tower height | ||||||
COR = distance from corridor (3A, 102, 111) | ||||||
RES = distance from residential use | ||||||
*Lattice permitted only if it maximizes co-location vs. monopole | ||||||
C = Conditional Use permit required | ||||||
- = not conditionally permitted (variance required) | ||||||
§ 334-96.2 Conditional use permit required.
[Added 3-13-2007 by Amdt. No. 6]
Pursuant to NH RSA 674:21(II), the Hudson Planning Board is hereby authorized to issue a conditional use permit for commercial wireless telecommunication facilities according to the Table of Conditionally Permitted Facilities as set forth in § 334-96.1. Application for a conditional use permit shall be made concurrently with application for subdivision and/or site plan approval. In addition to the application submission requirements for subdivision and/or site plan approval, the Planning Board may require the applicant for a conditional use permit to submit an RF Engineering/Facilities Master Plan as provided in § 334-95E. In acting upon any such conditional use permit application the Planning Board shall determine whether the applicant has satisfied the general guidelines set forth in § 334-92 and the siting standards set forth in § 334-95, and the Board may impose such conditions of approval on the conditional use permit as are consistent with this Article XVIII and other provisions of the Hudson Zoning Ordinance. The Planning Board shall hold at least one public hearing on any such conditional use application and, following the public hearing, the Planning Board shall act to approve the application, deny it, or approve it with conditions. Any person aggrieved by a Planning Board decision concerning a conditional use permit may appeal that decision to the Superior Court in the manner provided by RSA 677:15, Court Review. As provided in NH RSA 676:5, III, a Planning Board decision concerning a conditional use permit cannot be appealed to the Hudson Zoning Board of Adjustment.
§ 334-97 Bonding security and insurance.
[Amended 3-4-2000]
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/or unwilling to remove the tower in accordance with § 334-98. Bonding and surety shall be consistent with the provisions in the Subdivision Regulations. Furthermore, the Planning Board shall require submission of proof of adequate insurance covering accident or damage. Bonding shall not be required for alternative facilities/technologies which are an integrated part of an existing structure. Bonding shall be nonlapsing of not less than five-year intervals.
§ 334-98 Removal of abandoned antennas and towers.
Any commercial wireless telecommunication facility which 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 commercial wireless telecommunication facility provides proof of quarterly inspection. The owner shall remove the abandoned structure within 90 days of receipt of a declaration of abandonment from the Town. A declaration of abandonment shall only be issued following a public hearing, noticed according to RSA 676:4, with notice to abutters and the last known owner/operator of the tower. If the abandoned commercial wireless telecommunication facility is not removed within 90 days, the Town may execute the bonding security and have the commercial wireless telecommunication facility removed.
§ 334-99 Purpose: radio service facilities.
The purpose of this section is to balance a legitimate need to protect the health, safety and welfare of the Town, its residents and its visitors with requirements to reasonably accommodate the operation of radio service facilities under the standards as may be promulgated by any applicable state and/or federal laws and regulations. Particular attention is given to RSA 674:16, IV, which refers to 101 FCC 2d. 952 (1985) entitled "Amateur Radio Preemption" by the FCC.
§ 334-100 Applicable federal regulation references.
Applicable federal regulations for the various radio services characterized herein as radio service facilities are all contained within Title 47 Code of Federal Regulations as follows:
§ 334-101 Antenna and mast height.
A.
Antennas mounted on "pipe-type" masts directly attached to a building, and which are 20 feet or less in height above the roofline peak of the building, and which are assembled and erected using sound practices so they will fall or collapse completely within a property's bounds, are exempt from regulation by this article.
B.
Subject to the added requirements of § 334-102 Fall zone calculation, the maximum height of any antenna and/or mast for a radio service facility shall be the lesser of:
C.
If the CFR applicable to a particular radio service allows a maximum height greater than 80 feet above the ground, then the maximum height of any antenna and/or mast for that particular radio service may, by granting of a special exception, exceed 80 feet above the ground, subject to the following conditions:
(2)
The maximum height specified in the applicable CFR is not exceeded; and
(3)
For amateur radio service operations, the maximum height shall be the minimum height required to accomplish the desired communication(s) using the minimum required transmitting power; or
(4)
For all other types of radio service operations, the maximum height shall be the minimum height required to accomplish the desired communication(s) using the transmitting power levels authorized by the FCC for the particular radio service;
(5)
That adequate technical data, presented in sufficiently layman terms, shall be provided with any special exception application to demonstrate the basis of need for the application.
D.
Construction or extension of an antenna and/or mast at a height approved by a special exception shall be delayed to no sooner than 60 days before the date that the desired communication(s) being the basis for the special exception need will actually commence.
§ 334-102 Fall zone calculation.
A.
No antenna and/or mast shall be capable of falling or collapsing beyond the bounds of the property on which it is situated. A fall zone calculation, utilizing graph paper and a drawing compass to plot it, shall be performed for any antenna and/or mast at the time a building permit or special exception application is made to demonstrate compliance with this requirement. (A sample fall zone calculation appears as an exhibit at the end of this chapter). All antennas and/or masts shall be assembled and erected to a manufacturer's standards using sound practices.
B.
The low point of height at which the fall zone calculation shall be based is as follows:
(1)
For freestanding masts: the ground attachment point of the mast.
(2)
For supported masts: the point of the lowest support attachment above the ground.
(3)
For anchored masts: the highest point of anchoring on a substantial structure.
(4)
For anchored/supported masts: the point of the lowest support attachment above the highest point of anchoring on a substantial structure.
§ 334-103 Number of masts for antennas.
A.
Antennas mounted on "pipe-type" masts directly attached to a building, and which are 20 feet or less in height above the roofline peak of the building, and which are assembled and erected using sound practices so they will fall or collapse completely within a property's bounds, are exempt from regulation by this article.
B.
For "lattice-type" masts, the total area of the site on which it/they will be placed shall determine the number allowed according to the following schedule:
C.
For mast quantities that differ from the requirements of § 334-103B, a special exception shall be required. The special exception application shall demonstrate a correlation between the number of masts requested, the transmitting power level(s) proposed and the desired communication(s) to be achieved. Adequate technical data, presented in sufficiently layman terms, shall be provided with any special exception application to demonstrate the basis of need for the request
§ 334-104 Co-location.
§ 334-105 Yard and green space setback requirements.
No antenna, mast or supporting appurtenant devices are permitted to exist within any yard setback area and, for nonresidential properties, within any green space areas.
§ 334-106 Hazardous RF emission certifications and environmental evaluations.
At the time of building permit or special exception application, an amateur radio service station licensee shall provide a written certification that either:
A.
During operations, transmitter power levels will not exceed the maximum allowed for wavelength bands as noted in the table at 47 CFR 97.13(c)(1), therefore precluding the need for any routine RF environmental evaluation to be performed; or
B.
During operations, transmitter power levels may exceed the maximum allowed for wavelength bands as noted in the table at 47 CFR 97.13(c)(1), therefore a routine RF environmental evaluation will be performed; and
C.
That the licensee will promptly take action to prevent human exposure to any excessive RF emissions levels which the routine RF environmental evaluation indicates could exist, in compliance with the requirements of 47 CFR 97.13.
§ 334-107 Receive-only facilities.
A.
Antennas mounted on "pipe-type" masts directly attached to a building, and which are 20 feet or less in height above the roofline peak of the building, and which are assembled and erected using sound practices so they will fall or collapse completely within a property's bounds, are exempt from regulation by this article.
B.
The maximum height of any antenna and/or mast shall not exceed 60 feet above the ground, subject only to the additional requirements of § 334-94, Fall zone calculation, of this article.
C.
The maximum height of any antenna and/or mast for a receive-only facility may, by granting of a special exception, exceed 60 feet above the ground, subject to the following conditions:
(2)
That adequate information (such as a video or audio recording of preapplication reception conditions and photographs of the subject and abutting property areas) is provided with any special exception application which demonstrates the need basis for the request; and
(3)
That the maximum height approved by a special exception shall be the minimum height necessary to obtain a reasonable improvement in overall signal(s) reception.